Where A Litigator’s Advice Can Improve Agreement Drafting
Partner Adrienne B. Koch published an article with Law360 on November 6, 2019 that looks at when transactional lawyers and in-house counsel should seek out the opinion of a litigator on contract language. In the piece, she outlines some of the provisions that are most likely to come into play when contractual relationships sour and disputes arise.
“It is obviously not possible to identify in advance every contractual provision that might be the subject of litigation. In a complex transaction, the possibilities could be endless,” she writes. “But certain kinds of provisions — such as those involving choice of law, choice of forum, attorney fees, the calculation of damages and defaults — will come into play in connection with a broad range of substantive disputes.”