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Boilerplate Provisions: Fine Print, Big Deal

Danger lurks in the boilerplate provisions at the end of virtually every contract. Lawyers often take these provisions for granted, forgetting that significant business and legal issues lie buried within. In this workshop, participants examine some of the boilerplate provisions that most commonly trip up lawyers and their clients: amendments, anti-assignment, arbitration, force majeure, forum selection, governing law, notice, severability, successors and assigns, and waiver of the right to a jury trial.

The workshop begins with a quick, boilerplate quiz to test the participants’ boilerplate IQ. Afterwards, the workshop turns to the key business and legal issues for each of the provisions. Also discussed is how each provision can be tailored to meet the requirements of a specific transaction. The workshop ends with a drafting exercise in which the participants redraft an anti-assignment provision.

This workshop draws on the materials in Negotiating and Drafting Contract Boilerplate of which Tina Stark was editor-in-chief and a co-author.

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