Drafting Litigation Opt-Out Provisions in Commercial Contracts: Limiting Costly and Time-Consuming Litigation
Conditions Precedent, Anti-Assignment, Choice of Law, and Limitation of Remedies Provisions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with practical tips to negotiate and draft commercial agreements designed to mitigate litigation risk. The panel will discuss the current litigation landscape, disputes in the M&A context, ways to avert litigation, advantages and disadvantages of using clauses that relate to dispute resolution, forum selection, governing law, and how the proper use of these provisions can save client resources and reduce the risk of continued controversy.
- The current litigation landscape
- Ways to manage disputes to avert unproductive litigation
- Mediation and arbitration--looking at the entire process
- Choice of law and venue provisions--jurisdictional considerations
- Remedy and damages limitations and waivers
- Best practices
The panel will address these and other relevant topics:
- What are the trends in current litigation that affect contract drafting and negotiation?
- What are some lessons on contract drafting from recent M&A litigation?
- What are some practical ways to avert threatened litigation?
- What should counsel consider when drafting material adverse event clauses in commercial agreements?
- What clauses can clarify the choice of law provisions when a different forum state exists?
- How are limitations of remedies structured to secure enforceable arbitration clauses?
- How does one improve the likelihood of a productive mediation and arbitration?
- What are some best practices in anticipating and managing disputes that can significantly protect and enhance corporate well-being?
Marc L. Kuemmerlein
For more than 30 years, Mr. Kuemmerlein has served as legal executive and general counsel to companies in diverse... | Read More
For more than 30 years, Mr. Kuemmerlein has served as legal executive and general counsel to companies in diverse industries serving national and global markets. In these positions, he has addressed and resolved a full range of legal matters for public and private companies in collaboration with corporate boards, senior management and professional teams. These have included board of director guidance, regulatory affairs and governmental programs, complex contracts, procurement, commercial litigation, human resources, labor, FCPA, international transactions, tax controversies and crisis management. Mr. Kuemmerlein has also practiced as outside counsel with prominent corporate firms in the areas of corporate law, securities, M&A, real estate, publishing and intellectual property.Close
Charles A. Weiss
Holland & Knight
Mr. Weiss is head of the firm’s New York Intellectual Property Group. Combining accomplished trial lawyer with... | Read More
Mr. Weiss is head of the firm’s New York Intellectual Property Group. Combining accomplished trial lawyer with seasoned transactional counselor, Mr. Weiss concentrates his practice on technology-driven litigation and transactions, primarily in pharmaceutical, biotechnology and adjacent fields. He also counsels clients on questions of patent validity and infringement, provides a litigator's perspective on prosecution matters, and assists with regulatory and compliance matters.Close
Ms. Boland has nearly 30 years of complex commercial litigation and arbitration experience encompassing a wide range of... | Read More
Ms. Boland has nearly 30 years of complex commercial litigation and arbitration experience encompassing a wide range of matters including financing disputes, securities and common law fraud claims, and disputes involving mortgage-backed securities, derivatives, swaps, and forward contracts. Her practice is focused on representing insurance companies, financial institutions, and broker/dealers, but she also has experience advising on commercial real estate disputes and claims arising out of the development, financing, and operation of power generation facilities.Close