Structuring MOUs, LOIs, Term Sheets, and Other Nonbinding Legal Documents
Avoiding Unintended Performance or Financial Obligations, Utilizing Express Disclaimer Language, and Limiting Drafting Ambiguity
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with guidance on structuring letters of intent (LOIs), memoranda of understanding (MOUs), term sheets, and other preliminary legal documentation intended as only partially binding or even nonbinding in commercial transactions. The panel will review how courts have ruled on the interpretation and enforcement of these preliminary agreements, explain the potential risks associated with their use, and provide best practices for minimizing risks with careful drafting and wise communications.
- Legal and commercial risks of LOIs, MOUs, and term sheets
- Negotiating tactics and coniderations
- Drafting methods and key provisions to minimize risks and clearly evidence intent
The panel will review these and other high priority issues:
- What types of risks are created by the use of such instruments?
- What logic are courts using in ruling on these preliminary agreements?
- How can counsel help clients minimize risk through effective drafting and precise communication?
Tiffany & Bosco
Ms. Lu serves the transactional needs of businesses and their owners by assisting them with business formation,... | Read More
Ms. Lu serves the transactional needs of businesses and their owners by assisting them with business formation, joint ventures, mergers and acquisitions, and other business agreements. She also provides guidance to businesses concerning disputes among owners and related fiduciary duties. In addition, she assists clients with regulatory and governance issues related to the U.S. Small Business Administration and other federal, state, and local programs.Close
Morris A. Nunes
Mr. Nunes specializes in business counseling and transactional work. His practice focuses on representing and... | Read More
Mr. Nunes specializes in business counseling and transactional work. His practice focuses on representing and counseling privately held businesses, their owners and the owners’ families, as well as non-profits and trade associations. He is a frequent CLE presenter on business law topics and authored five books, including Basic Legal Forms for Business, The Right Price for Your Business and Balance Sheet Management, as well as many articles in professional and financial publications. Mr. Nunes currently serves Of Counsel to King Yaklin & Wilkins in Georgia.Close