The Big Deal About the Fine Print: Negotiating and Drafting Contractual Boilerplate

Abstract

Boilerplate is a trap for the unwary. This article examines the issues that the following provisions raise:

• Assignment and delegation.

• Attorneys’ fees and other litigation costs.

• Amendments.

• Waivers.

• Waiver of right to a jury trial.

• Choice of law.

• Choice of forum.

• Arbitration.

Keywords: Assignment, Delegation, Change of Control, Attorneys’ Fees, Attorney Fees, Litigation, Costs, Amendments, Modifications, Supplements, Contract, Waivers, Jury, Trial, Choice, Law, Forum, Arbitration