Contract Provisions for Litigators to Review (Federal)

Summary

This practice note discusses frequently litigated contract provisions attorneys may encounter in a federal court litigation. Specifically, this note covers the following types of contract provisions litigators should review, including clauses covering intellectual property ownership, royalties, most favored nation, indemnification, limitation of liability, survival, arbitration, attorney's fees, and choice of law. This note also explains possible pitfalls with these provisions and provides drafting advice aimed at avoiding litigation and forming a well-drafted contract.