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Drafting Business Contracts: Advice From Litigators to Prevent Ambiguity

Force Majeure, Forum, Choice of Law, Arbitration, Waiver of Jury Trials, Fee Shifting, Indemnity, and Limitation of Liability

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 18, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance and best practices to transactional attorneys from a litigation perspective that assists contract attorneys in spotting the common traps, critical clauses, and most significant landmines that lead to defense or offense issues when presented in court. The expert panel will introduce tips for addressing these problem areas and creating the best defense or offense for a client's contracts.


The divide between transactional attorneys that negotiate and draft agreements and litigation counsel that seeks to enforce those same contracts (or defend against improper enforcement) has always been a false narrative. Thoughtful practitioners drafting an agreement can and should consider the elements of prosecuting or defending a claim when drafting each clause.

With a willingness to keep an open mind and a chance to take a different view on contract drafting, our expert panel of litigators will provide tips and recommendations for contract drafting for the other side of the legal house. Counselors can prepare to create better arrangements by understanding that limited and straightforward language may best suit a particular purpose and that the client itself may provide the best description of what the agreement seeks to achieve.

Litigators also can advise on issues that may cost clients money when agreements move to the courts. Transactional counsel can limit the potential scope by knowing how to advise clients and amend clauses related to force majeure, forum selection, choice of law, arbitration, waiver of jury trials, fee-shifting, and indemnification and limitation of liability of litigation.

Listen as our authoritative panel provides practical tips and real life examples of simplifying contracts to meet clients' needs while providing a solid foundation to litigate upon if and when the need arises.



  1. Typical provisions with litigation issues
    1. Force majeure
    2. Choice of forum and choice of law provisions
    3. Arbitration
    4. Waiver of jury trials
    5. Fee shifting
    6. Indemnity and limitation of liability
  2. Practical tips and best practices


The panel will review these and other key issues:

  • When should a contract be simplified?
  • How can counsel coordinate with a client to clarify an agreement?
  • What types of provisions trip up litigators most often in court?


Arora, Harsh
Harsh Arora

Kelley Kronenberg

Mr. Arora concentrates his practice on business litigation and complex domestic and international corporate transaction...  |  Read More

Fromm, Andrew
Andrew B. Fromm

Brooks Wilkins Sharkey & Turco

Mr. Fromm specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and...  |  Read More

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