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The Corporate Counselor

August 2009

Performing a Litigation Audit on Your Corporate Agreements

How Will Boilerplate Provisions Affect the Outcome if There’s a Dispute?

By Michael Eidel

In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.

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