Boilerplate Language

News & Analysis as of

Forum Selection Clauses: More Than Just Boilerplate

Clients often ask whether all those “boilerplate” clauses at the end of a commercial contract are really necessary, and if so, why can’t they just be copied and pasted from earlier agreements. This article will focus on just...more

Business Litigation Reporter

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

Beware The Standardized Construction Contract

A variety of standardized contracts exist for construction projects. The most widely used form agreements are published by the American Institute of Architects (AIA), the Association of General Contractors (AGC) and the...more

Buyer Beware – Hidden Dangers in Using Form Contracts in Real Estate Deals

Form contracts account for more than 80 percent of all agreements used to complete business transactions today. That percentage may be even higher when it comes to contracts in commercial real estate transactions such as the...more

Privacy Notices – It’s Back To Basics (Without The Boilerplate)

Earlier this year, I reported that the Office of the Privacy Commissioner of Canada (OPC) was participating in the first ever Internet sweep by the Global Privacy Enforcement Network (GPEN)....more

Claim Construction Not Illuminated By Ambiguous Restriction Requirement

In Plantronics, Inc. v. Alph, Inc., the Federal Circuit rejected arguments that the election made in response to the Restriction Requirement limited the scope of the claims in a manner that was not reflected in the claim...more

Florida High Court Precludes Use of Extrinsic Evidence to Construe Ambiguous Policy Language

In what may be described as a controversial 4-3 decision, the Florida Supreme Court in Washington National Insurance Corp. v. Ruderman, No. SC12-323, 2013 WL 3333059 (Fla. July 3, 2013), held that ambiguous language in an...more

District Court Opines That The Words Used In An Insurance Policy Actually Mean What They Say

Many practitioners, both near and far, assert that a good number of our courts’ opinions, whether at the state or the federal level, are simply “result oriented” decisions where the court has decided what result it wants to...more

Choice of Law Is Not Just Boiler Plate

Scott & Scott, LLP attorney, Brian Von Hatten, writes that although choice of law provisions are usually very brief, these provisions can end up having a large impact and should be given consideration during the negotiation...more

Software Licenses and Indemnities: What Obligations Are You Taking On?

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...more

Paris Energy Series No. 8: Beware of the Boilerplate – The Risks of Standard-form Clauses in Common and Civil Law Jurisdictions

1. Introduction - When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the...more

Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan...more

It’s Not Just Boilerplate! Best practices for drafting collaboration agreements to protect your IP

In This Presentation: - 1. The collaboration conundrum - 2. The Tekmira case: a cautionary tale Outline - 3. Best practices for drafting specific provisions Please see full presentation below for more...more

Worth A Second Glance: Boilerplate Provisions In Commercial Leases

Landlords and tenants pay much time and attention to the basic economic terms of a lease as well as other highly contested provisions, such as assignment and subletting and defaults and remedies. But parties often skim over...more

Boilerplate Language In NLRB Settlement Agreement Leads To Default Judgment

During the last several months, the NLRB has made no secret that it wants to make changes to precedent and policy. We have seen public pronouncements about ambush elections, employee rights posters, micro bargaining units,...more

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