Navigating the Boilerplate - A Discussion of Common Commercial Clauses From a Litigation Perspective

Too often in negotiating commercial contracts, the focus is almost exclusively on the specific deal terms and the parties end up paying little attention to so-called "boilerplate" provisions. This program, presented by Business Litigators Ian Clarke-Fisher and Brian Wheelin of Robinson & Cole, will discuss the dangers of such an approach from a litigation perspective.  More specifically, the presentation will address common issues in commercial contract disputes including limitations of liability, arbitration provisions, indemnification clauses, survival clauses, forum selection clauses, and confidentiality provisions, among others.  

 
Learning Objectives: 

1. Explain how certain contractual provisions can have a significant impact on your client if a dispute arises

2. Review how best to negotiate what your client needs from these provisions without signaling an expectation of litigation

3. Discuss the effects of imprecise provisions