Contracting Skills and Strategies: Rethinking “Standard” Provisions and “Boilerplate” in Contracts: Identify Key Drafting Issues and Avoid Litigation

2016 ACC Mid-Year Meeting

04/11/2016 01:30 p.m. - 03:30 p.m.

Litigation and Commercial Litigation

New York City, NY

J. Alexander Lawrence and Jamie A. Levitt

Speaking Engagement

Too often we overlook provisions in contracts that we consider customary or “boilerplate” and non-negotiable. This program examines standard contract provisions and challenges the audience to look at them more critically from a litigator’s perspective. The interactive program dissects contract provisions that have hidden traps and provides tips on better risk management with an in-depth look at non-assignment clauses, liability limitations, merger clauses, choice of law clauses and other similar provisions. The program will unfold as follows:

  • A panel of speakers including contract lawyers and litigators will frame the topic with real world day-to-day challenges when dealing with contracts.
  • The room will be divided into small working groups and real life case studies or hypothetical scenarios will be introduced.
  • Each group will work through the case studies, identifying and assessing risks; addressing concerns; developing and drafting solutions and new proposals; and reporting back on all elements to the larger group.
  • Following each report, the panel will recommend approaches/suggestions resulting in a roadmap for best practices.
  • At the end of the session attendees will take away a list of boilerplate provisions or key strategies to better serve business goals and risk management through contract drafting.


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