Strategic Contract Provisions to Minimize Future Litigation Costs and Liability Exposure

Structuring Pre-Litigation Resolution, Forum Selection, Choice of Law, Limitations of Liability, Indemnification and Other Provisions

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

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Conducted on Thursday, December 8, 2016

Recorded event now available

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Course Materials

This CLE course will address key provisions to include in business contracts to mitigate potential litigation liability and expense. The panel will review drafting pre-litigation dispute resolution provisions, forum selection clauses, choice of law provisions, limitations of liability, attorneys’ fee provisions, arbitration provisions, and other essential contract provisions which can reduce damages against the company in the event of litigation.


Counsel responsible for drafting business contracts are in the driver’s seat when it comes to mitigating the expense and liability the client will face in the event litigation arises from the contract relationship. Carefully structuring contracts to reduce litigation costs and exposure can reap savings for companies and clients in the hundreds of thousands of dollars.

Including specific pre-litigation provisions that force the parties to come to the table to attempt to settle the matter prior to filing suit often results in resolution without the expense and risk involved in litigation.

If pre-litigation resolution fails, counsel must ensure provisions are in place that allow the client to control the litigation. Being able to choose the venue and state law to be applied in potential litigation gives your client or company an upper-hand. Counsel must also be well-versed in contractual provisions which limit liability and shift litigation expenses to the other parties.

Listen as our panel of experts discusses the various contract provisions which can lessen the expense and exposure of litigation down the road such as pre-litigation provisions regarding ADR and dispute notification, forum selection clauses and choice of law provisions which give clients control over future litigation, and damage-limiting provisions such as indemnification provisions, limitations of liability, liquidated damages provisions and attorneys’ fee provisions.



  1. Pre-litigation opportunities for dispute resolution
    1. Pre-suit notice provisions
    2. Pre-suit ADR provisions
  2. Controlling the litigation
    1. Forum selection clauses
    2. Choice of law provisions
    3. Defense provisions
  3. Lessening the costs/exposure
    1. Attorneys’ fee provisions
    2. Liquidated damages provisions
    3. Limitations of liability
    4. Indemnification provisions


The panel will review these and other key issues:

  • What mandatory pre-litigation provisions should be included in contracts?
  • How can counsel draft contracts to make litigation more favorable to their client?
  • What provisions should be included in contracts to limit or shift the liability and expense of litigation to other parties?


Rebekah R. Conroy
Rebekah R. Conroy

Brown Moskowitz & Kallen

Ms. Conroy is an experienced trial attorney who represents businesses and individuals in diverse matters. Appearing...  |  Read More

Gorenberg, Kenneth
Kenneth M. Gorenberg

Barnes & Thornburg

Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and...  |  Read More

Timothy Murray
Timothy Murray

Murray Hogue & Lannis

Mr. Murray represents numerous businesses and individuals in all manner of contract transactional matters and...  |  Read More

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