Contractual Headaches: Common Contract Provisions That Lead to Lawsuits and How To Avoid Them
The panelists will discuss strategies for addressing difficult procedural contractual terms and provisions from a transactional and litigation perspective, including:
- Focusing on the business rationale of the transaction
- Conditions precedent – what should be there and what should not
- Choice of venue/forum
- Indemnification
- Price amendments mechanism
- Provisions regarding IP rights
- Special rules for highly regulated/publicly traded companies
- Procedural considerations for related-party transactions
- Alternative Dispute Resolution (mediation/arbitration)