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Webinar Recording: Boilerplate Contract Clauses Through the Litigator’s Lens: Starting the New Year off Right

Corporate counsel are being pushed to do more with less, streamline their teams, and leverage every dollar spent on outside counsel. While efficiency should always be the goal, increasing the company’s exposure to risk should not be the unintended consequence.

This program focuses on the pitfalls and risks of using boilerplate contract language in business contracts and recent developments in employment law that make arbitration agreements more favorable if drafted correctly. While not every term of a contract should be customized, it is too late to understand what boilerplate means when a relationship sours and contract provisions become fodder for litigation.

Our panel of seasoned litigators, Andrew Skale, Daniel Pascucci, and Nicole Rivers, highlight key issues to avoid and provide insight into how they review, analyze, and dissect some commonly used boilerplate provisions when preparing for trial.

Topics include:

  • Indemnity provisions: We agreed to do what?
  • Choice of law
  • ADR provisions in employment agreements

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Andrew D. Skale is an IP attorney and commercial litigator at Mintz. He litigates patent, trademark, and copyright disputes, and prosecutes patents and trademarks before the US Patent and Trademark Office. Andrew counsels clients in diverse sectors, including technology and consumer products.
Daniel T. Pascucci is a Mintz attorney who litigates international business disputes. He helps companies recover assets fraudulently laundered off-shore and hidden in renowned privacy and tax shelter nations. Dan defends clients in class action litigation, representing companies in many industries.
Mintz attorney Nicole M. Rivers defends employers in employment litigation and labor matters and advises on employment best practices. She handles cases involving claims of wage and hour violations, harassment, retaliation, discrimination, breach of employment agreements, FMLA violations, and violations of California's Private Attorneys General Act (PAGA), Family Rights Act (CFRA), and Fair Employment and Housing Act (FEHA).