Tina L. Stark, editor-in-chief and co-author
Traditionally, lawyers use the term "boilerplate" to refer to the standardized, "one size fits all" provisions that generally appear at the end of a contract, including choice of law, notice, arbitration, force majeure and assignments. Lawyers often take these provisions for granted, forgetting that significant business and legal issues lurk within them. Costly problems arise when drafters are unaware of the latest cases or fail to reconsider when an off-the-rack provision actually meets the needs of the transaction.
Negotiating and Drafting Contract Boilerplate educates lawyers and business professionals about the underlying rationale and importance of boilerplate language. Each chapter tackles a different contractual provision, over 20 in all, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction. This remarkable book will give you a competitive edge—and a new understanding and appreciation of language you've seen countless times.