Beware of Boilerplate: A Litigator’s Perspective on the Fine Print in Commercial Contracts
Carly Alameda and Amy Briggs spoke at Farella's 2023 Annual Client MCLE Day on the session "Beware of Boilerplate: A Litigator’s Perspective on the Fine Print in Commercial Contracts."
Corporate counsel are often tasked with negotiating, finalizing, and managing contracts of all shapes and sizes. While the deal-specific terms are often the focus, “boilerplate” provisions can have significant impacts on risk allocation, damages exposure, likelihood of recovery, leverage, and insurance coverage when a dispute arises. In this program, two litigators will lead a discussion about practical and strategic considerations in drafting and evaluating clauses governing limitations of liability, indemnity, dispute resolution, and insurance, and other so-called “boilerplate” provisions that should not be overlooked.