Most Litigated Terms in Business Agreements

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Whether from poor drafting, conflicting case law, or simply the amounts in dispute, certain key contract terms are the subject of endless litigation. This session will discuss the 5 main contract terms (and a few other honorable mentions) that are most litigated, what can be done at the drafting stage to reduce the risk of litigation, and some key case law or statutory/regulatory developments that have affected breach of contract disputes recently.

Key topics to be discussed:

• Key contracts terms litigated:

o Indemnification/Limitation of liability

o Termination

o Intellectual Property

o Choice of Law/Arbitration/Litigation

o Integration/Merger Clauses -Honorable mentions: Non-competes/Non-solicitations, NDAs, Force Majeure

• Drafting errors that increase the risk of litigation

• Key case law, statutes, and regulatory developments

 

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