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Boilerplate Clauses in Commercial Contracts: The effectiveness or ineffectiveness of a “boilerplate” provision, contested clauses, underlying laws, and drafting provisions

Steven O. Weise
Steven O. Weise | Proskauer Rose LLP

Steve has extensive experience in financing. He also handles matters involving workouts, guarantees, sales of goods, equipment leasing, commercial paper and checks, letters of credit, and investment securities.

On-Demand: November 28, 2022

Boilerplate Clauses in Commercial Contracts: The effectiveness or ineffectiveness of a “boilerplate” provision, contested clauses, underlying laws, and drafting provisions

$195.00 2 hour CLE

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Program Summary

The effectiveness or ineffectiveness of a “boilerplate” provision can be outcome determinative. The contested clause could be a choice-of-law clause, a consent to jurisdiction, restrictions on assignment, arbitration provisions, choice-of-forum clauses, third-party beneficiaries, risk allocation, and many other terms. The best way to draft these provisions is to understand the law that governs them. This program will review the underlying law and provide examples of how to draft these provisions.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • The effectiveness or ineffectiveness of a “boilerplate” provision
  • The contested clause
  • Review the underlying law
  • Examples of how to draft these provisions

Date: November 28, 2022

Closed-captioning available

Speakers

Steven O. Weise_ Proskauer Rose LLP._FedBarSteven O. Weise | Proskauer Rose LLP

Steve has extensive experience in financing. He also handles matters involving workouts, guarantees, sales of goods, equipment leasing, commercial paper and checks, letters of credit, and investment securities. Steven’s experience covers e-commerce, contract law, including contract drafting in general, “plain English” drafting, and online contracting, and legal opinions.

Steve is a member of drafting committees for the Uniform Commercial Code, the Permanent Editorial Board for the UCC, and a member of the Council of the American Law Institute. In addition, Steven lectures widely on commercial law topics and legal opinion letters and is the author of over 100 articles on these topics.

Agenda

I. The effectiveness or ineffectiveness of a “boilerplate” provision | 2:00pm – 2:30pm

II. The contested clause | 2:30pm – 3:00pm

  • Choice-of-Law Clause
  • Consent to Jurisdiction
  • Restrictions on Assignment
  • Arbitration Provisions
  • Choice-of-Forum Clauses
  • Third-Party Beneficiaries
  • Risk Allocation

Break | 3:00pm – 3:10pm

III. Review the underlying law | 3:10pm – 3:40pm

IV. Examples of how to draft these provisions | 3:40pm – 4:10pm

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