Hidden Risks of Boilerplate Clauses in Healthcare Contracts: Avoiding Unintended Consequences, Implementing Practical Solutions
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will guide healthcare counsel using boilerplate provisions in healthcare contracts. The panel will discuss identifying and avoiding the pitfalls of boilerplate contract clauses in these agreements. The panel will also provide insight into structuring individualized language to fit the circumstances of the transaction.
Outline
- Common boilerplate clauses
- Entire agreement clauses
- Arbitration
- Remedy
- Survival of reps and warranties
- Merger
- Multiple agreements
- No third-party beneficiaries
- Jury waiver
- Assignment
- Notice
- Waiver
- Force majeure
- Choice of law and jurisdiction
- Pitfalls of cutting and pasting provisions
- Practical application of boilerplate clauses in healthcare contracts
Benefits
The panel will review these and other key issues:
- What strategies should healthcare counsel consider when drafting boilerplate clauses?
- Which boilerplate clauses present the most significant challenges for healthcare entities and their counsel?
- What pitfalls should attorneys watch out for when using boilerplate language? How can boilerplate provisions result in unintended consequences?
Faculty
Clevonne M. (Vonne) Jacobs
Principal & Founder
Creating Equity
Ms. Jacobs focuses her practice in the area of healthcare transactions. Calling upon her years of dedicated experience,... | Read More
Ms. Jacobs focuses her practice in the area of healthcare transactions. Calling upon her years of dedicated experience, she provides practical, pragmatic advice to help her clients achieve their strategic goals. Within the highly regulated health care industry, Ms. Jacobs advises clients, including hospitals, health systems, AMCs and large physician groups, on transactions. She serves as a regulatory adviser, providing fraud and abuse analysis in the context of a deal and ensuring her clients remain compliant with the regulations that govern health care transactions.
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David Sharrow
Partner
Orrick, Herrington & Sutcliffe
Mr. Sharrow is a skilled advisor on intellectual property (IP) strategy, protection, and commercialization... | Read More
Mr. Sharrow is a skilled advisor on intellectual property (IP) strategy, protection, and commercialization matters. With over 25 years of experience, he specializes in guiding premier life sciences and tech companies, shaping intellectual property strategies, protection and commercialization and facilitating crucial collaboration, partnering and licensing agreements for strategic success. Mr. Sharrow brings a wealth of expertise, focusing on diverse cutting-edge technologies, including life sciences (biotechnology, pharmaceuticals, medical devices, digital health, genomic technology), fintech, artificial intelligence, information technology (hardware, software, SaaS, and database solutions), edtech, renewable energy, sustainable technologies, AR/VR and cybersecurity. He advises clients on corporate partnerships, strategic alliances and licensing agreements with leading U.S. and global entities, as well as major research universities and institutes. Mr. Sharrow's experience includes navigating the IP and technology aspects of venture capital financings, public offerings and some of the largest M&A transactions involving venture-backed companies.
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John R. Washlick
Shareholder
Buchanan Ingersoll & Rooney
Mr. Washlick is a recognized authority on federal income tax issues involving tax-exempt organizations and the... | Read More
Mr. Washlick is a recognized authority on federal income tax issues involving tax-exempt organizations and the Anti-Kickback Statute and the Stark Law. His guidance is often sought as his clients assess various arrangements with physicians, such as clinical joint ventures, co-management arrangements, integrated delivery systems, business joint ventures, physician recruitment, practice acquisitions, employment arrangements, hospital/physician integration planning and exclusive provider agreements. Mr. Washlick also advises healthcare industry clients, including entrepreneurs and investment-backed entities on general corporate law and regulatory healthcare-related issues, such as the corporate practice of medicine and fee splitting laws. He has experience in structuring, negotiating and documenting a variety of complex business transactions, including mergers and acquisitions, joint operating agreements, joint ventures, clinical co-management agreements, academic and clinical affiliations, and contractual relationships among providers and with third-party payors. Mr. Washlick advises clients in the formation or acquisition of new entities, the restructuring of existing entities and the creation of alliances or other integration initiatives. Mr. Washlick speaks and writes on transaction, governance, regulatory and compliance matters, and he has been published in many healthcare and tax-related publications.
CloseEarly Discount (through 10/03/25)
