The Most Litigated Terms in Business Agreements (2024 Edition)

Robert Dube | Eckland & Blando

Robert “Robby” Dube grew up working in his family’s small business and ranch, so he understands the needs of businesses and works tirelessly to advocate for them in a cost-effective manner. He is a zealous litigator, having briefed, argued, and won numerous motions before both state and federal courts across the country, including maritime and admiralty cases, and has won cases in every stage of the litigation process, including trial. Robby also has deep experience with the factoring industry and the customs industry, litigating for and advising clients across the country.

Robby is deeply familiar with pursuing claims against all levels of government, including bid protests, municipal litigation, challenging terminations for cause, drafting requests for equitable adjustments, and producing government contract compliance guides for businesses. He has engaged in significant Administrative Procedures Act challenges against the federal government’s regulations under the ESA and MMPA at the district and Circuit level, winning unanimous decisions.

Robby is a passionate election and constitutional law lawyer, having zealously and successfully represented citizens and citizen groups across the country wherever their government has tried to take away their rights to referendum, free speech, free association, and more. Recently, Robby has been involved in the fight against foreign ownership of crucial infrastructure projects, fighting to protect national security and the environment.

Robby graduated magna cum laude from the University of Minnesota Law School, where he served as Law Council President and as Executive Editor of the Minnesota Journal of International Law. He also served as the Head Writer for the law school musical group T.O.R.T. (Theatre of the Relatively Talentless) and led the Orientation Program as a Program Director. After graduating, Robby clerked for Hawaii Supreme Court Associate Justice Richard Pollack.

Thomas Sansone | Carmody Torrance Sandak & Hennessey LLP

Tom Sansone is a partner in Carmody Torrance Sandak & Hennessey LLP, where he has practiced in the civil litigation arena in Connecticut for more than 38 years, representing individuals and companies in a wide variety of business-related and personal disputes. He practices in various fields, including commercial, construction, and insolvency litigation. He has tried nearly 100 cases to conclusion in Connecticut Superior Court, the United States District Court and the United States Bankruptcy Court and has argued before both the Connecticut Supreme and Appellate Courts. Much of his trial work involves complex banking issues, including lender liability cases, contested foreclosure/collection matters, and representation of creditors in adversary bankruptcy proceedings.

From 2012 – 2018, Tom served as one of the 14 lawyers appointed by the judges of the Superior Court as a member of the Statewide Grievance Committee. During that time, he presided over dozens of hearings involving allegations of attorneys’ professional misconduct.

Tom has also served the bar for many years as a member of the Executive Committee of the Commercial Law & Bankruptcy Section of the Connecticut Bar Association, including service as its Chair from 2018 – 2020. Tom currently serves as chair of the Bankruptcy Committee of the New Haven County Bar Association.

Tom is a published author, having twice written the annual review of commercial litigation cases for The Connecticut Bar Journal (2009, 2010), as well as co-authoring the chapter on environmental issues in bankruptcy in the American Bar Association’s publication, Environmental Aspects of Real Estate and Commercial Transactions (2021) and the Thomson Reuters book, Inside the Minds: Banking & Finance Litigation Strategies (2009). Tom is a frequent lecturer on commercial law topics and has, on three occasions, co-presented the annual update of Commercial Law & Bankruptcy at the Connecticut Bar Association’s annual Connecticut Legal Conference.

Tom obtained both his undergraduate and law degrees from Boston University. He is active in a number of civic and community organizations in Connecticut and overseas.

Session I – Litigation Hotspots: Navigating and drafting the 5 most contentious contract terms | 11:00am – 12:00pm

• Key contracts terms litigated: Indemnification/Limitation of liability, Termination, Intellectual Property, Choice of Law/Arbitration/Litigation, Integration/Merger Clauses
  • Honorable mentions: Non-competes/Non-solicitations, NDAs, Force Majeure
• Drafting errors that increase the risk of litigation
• Key case law, statutes, and regulatory developments

Break | 12:00pm – 12:10pm

Session II – Standard Contract Provisions—How Standard are They? | 12:10pm – 1:10pm

• Three types of conventional contract provisions
• Recent legal developments and practical considerations
• Litigation strategies