Release Provisions in Commercial Agreements: Drafting, Review, Negotiation and Enforcement

A live 90-minute CLE webinar with interactive Q&A

Wednesday, February 6, 2019 (in 13 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will provide practical guidance to business counsel for identifying and avoiding the latent--yet often overlooked--potential pitfalls of release provisions in commercial agreements. The panel will explain the importance of carefully worded release provisions and provide tips for successfully drafting, negotiating, and enforcing release provisions tailored to the unique circumstances of particular clients and arrangements.


Parties often fail to appreciate and thoroughly assess the potential significance of contractual release provisions, making the mistake of thinking that release language in a settlement agreement or contract modification is mere boilerplate. But not all release provisions are created equal, and they are usually skewed to favor one party over another.

Recent cases highlight the importance of carefully-crafted release provisions. To cite one example, the recent Seventh Circuit Court of Appeals decision Engineered Abrasives Inc. v. American Machine Products & Service Inc. shows that counsel ignores these provisions to their peril. There, the court enforced a release precisely as written, denying Engineered Abrasives the opportunity to collect on a default judgment of more than $700,000. The opinion sets forth that "The settlement agreement contains no other release provision that might create an ambiguity. The clause is unambiguous and, as it says, releases all claims and liabilities between the parties--including the earlier default judgment."

Inserting boilerplate release provisions into a settlement agreement or contract modification can unintentionally defeat the contractual intent of the parties and cause significant unforeseen losses. Best practices demand that counsel carefully negotiate and draft these provisions to adequately protect client exposure.

Listen as our authoritative panel of seasoned practitioners unpacks the nature and importance of release provisions, reviews case studies and examples of boilerplate versus tailored release provisions, and provides practical, actionable guidance for drafting, negotiating and enforcing release provisions.



  1. What are release provisions?
  2. Case studies and examples
    1. Interpretation
    2. Enforceability
  3. Tips for drafting, reviewing, negotiating and enforcing release provisions


The panel will review these and other key issues:

  • What strategies should attorneys consider when drafting release provisions?
  • Which clauses in release provisions present the most significant challenges for businesses and their counsel?
  • What pitfalls should attorneys watch for when reviewing releases?
  • How can releases be worded to protect clients' interests and withstand judicial scrutiny?


Everett-Garcia, Jessica
Jessica Everett-Garcia

Perkins Coie

Ms. Everett-Garcia has 20 years of experience representing a wide variety of clients in business litigation matters,...  |  Read More

Henry, Karen
Karen A. Henry

Davis Wright Tremaine

A fierce advocate and trusted adviser, Ms. Henry is skilled at discerning the most efficient and cost-effective path to...  |  Read More

Additional faculty
to be announced.

Live Webinar

Buy Live Webinar

Live Webinar


Buy Live Webinar & Recording
A savings of $200

Live Webinar & Download


Live Webinar & DVD

$394 + $19.45 S&H

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event



48 hours after event



10 business days after event

$297 + $19.45 S&H