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)