Boilerplate Clauses in Contracts: Avoiding Unintended Consequences
Common Pitfalls and Practical Solutions for Standard Contract Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare attorneys to strategically use boilerplate clauses and identify the pitfalls in using standard contract clauses without adapting to the unique circumstances. The panel will demonstrate unintended consequences that can result in using boilerplate without appropriate and thoughtful tailoring.
Outline
- Common Boilerplate Clauses
- Choice of Forum
- Choice of Law
- Merger
- Multiple Agreements
- Arbitration
- Limitation of Damages/Liquidated Damages
- No Third Party Beneficiaries
- Jury Waiver
- Assignment
- Notice
- Waiver
- Force Majeure
- Pitfalls of Cutting and Pasting
- Practical Application of Boilerplate Clauses
Benefits
The panel will review these and other key questions:
- What strategies should attorneys consider when drafting standard clauses?
- What boilerplate clauses present the most significant challenges?
- What pitfalls should attorneys avoid in using boilerplate language?
- How can boilerplate provisions result in unintended consequences?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Steven M. Richman
Partner
Duane Morris
Mr. Richman practices in the areas of commercial law and litigation, including contracts, corporate law, energy... | Read More
Mr. Richman practices in the areas of commercial law and litigation, including contracts, corporate law, energy law, secured transactions, intellectual property, and antitrust. He is a frequent CLE lecturer on boilerplate language and is in the process of writing a book on boilerplate clauses in contracts. He authored numerous legal articles and books in a variety of practice areas.
Close
Robert D. Frawley
Law Offices of Robert D. Frawley
His practice is focused on business and corporate law in highly complex commercial transactions. He authored articles... | Read More
His practice is focused on business and corporate law in highly complex commercial transactions. He authored articles in the area of business and contract law. He has participated as a speaker in CLE programs on the subject of contract law and boilerplate language. As former general counsel, he has more than 30 years experience in contracts and licensing.
Close
Liz Klingensmith
Haynes and Boone
She has extensive experience litigating large scale commercial disputes involving claims for breach of contract,... | Read More
She has extensive experience litigating large scale commercial disputes involving claims for breach of contract, fraud, breach of fiduciary duty, breach of employment agreements, among others, in a wide array of industries that includes transportation, construction, banking, real estate and professional services. She has published on the dangers of using boilerplate language in contracts.
Close