Boilerplate Beware: Consequences and Pitfalls of These Overlooked Provisions

"Boilerplate" is the term used to refer to certain standard clauses that usually appear at the end of a contract. Unfortunately, boilerplate provisions are commonly overlooked in contracts as standard non-negotiable clauses. These clauses often establish essential rights and can be tailored to favor one party or the other and warrant careful consideration both at the drafting stage and in litigation. Ms. Bell will be reviewing these common clauses: 

• Choice of Law Forum Selection 

• Dispute Resolution 

• Liquidated Damages 

• Merger Clause 

• Amendment, Modification, Waiver 

• Jury Waiver 

This course is designed for both drafters and litigators alike to examine these clauses, analyze litigation over these clauses, and provide an overview of the effect of these provisions to aid in careful drafting.

Learning Objectives:

1. Identify common pitfalls with common boilerplate clauses 
2. Break down drafting tools to assist clients in controlling certain situations in the event of a contract dispute
3. Analyze of the impact on litigation with even slight variations of the boilerplate clauses