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Performing a Litigation Audit on Your Corporate Agreements

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.

14 minute read July 28, 2009 at 12:12 AM
By
Michael Eidel
Performing a Litigation Audit on Your Corporate Agreements

Standard forms and specially negotiated agreements both have “boilerplate” provisions that are largely ignored at the time of the transaction, but almost always play a significant role when a dispute arises.

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