Drafting Best Efforts, Good Faith and Fair Dealing Clauses in Commercial Contracts
Avoiding Enforceability and Interpretation Pitfalls With Clear and Measurable Performance Standards
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to business counsel who seek to draft enforceable best efforts, reasonable efforts or commercially reasonable efforts clauses in commercial contracts. The webinar will include a discussion of how courts have applied the implied covenant of good faith and fair dealing when interpreting efforts provisions.
- Examples of common usage of best efforts, reasonable best efforts and commercially reasonable efforts clauses
- Case law guidance
- What is required of parties to satisfy “efforts” expectations?
- How are courts applying the implied covenant of good faith and fair dealing when interpreting efforts provisions?
- Best practices for drafting efforts provisions
The panel will review these and other key issues:
- How are “best efforts,” “reasonable best efforts” and “commercially reasonable efforts” different?
- What challenges do business counsel face surrounding the drafting and enforcement of efforts clauses?
- How can counsel draft efforts provisions in their agreements that clearly reflect the intent of the parties while not promising too much or expecting too little?
Fitzgerald Franke & Hewes
Rebekah R. Conroy
Ms. Conroy's practice is centered on complex business litigation, including products liability, RICO, contract and... | Read More
Ms. Conroy's practice is centered on complex business litigation, including products liability, RICO, contract and franchise disputes, as well as the representation of attorneys in ethics proceedings. She advises business owners how to effectively minimize risks and how best to approach and prevail in litigation.Close
Zachary R. Gates, Esq.
Gates Law Office
Mr. Gates practice focuses on business litigation, intellectual property and patents. He previously served... | Read More
Mr. Gates practice focuses on business litigation, intellectual property and patents. He previously served as chair of the New Hampshire Bar Association’s Intellectual Property Section. He is a published author and presenter on various topics at legal conferences.Close