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Oct 25 2023
1:00 PM - 2:00 PM

John Washlick, shareholder in the firm's Healthcare section, will present "Hidden Risks of Boilerplate Clauses in Healthcare Contracts: Avoiding Unintended Consequences, Implementing Practical Solutions" in an upcoming Strafford live video webinar. 

Boilerplate provisions are trivialized by some and overlooked by many. However, they have the potential to significantly impact the transaction. Boilerplate provisions are often cut and pasted from one contract to another without much thought about the potential impact of their use. However, these clauses conceal significant legal and business implications that can produce unwanted future results if not tailored to the specific circumstances of the transaction.

Automatically inserting a boilerplate provision into an agreement can unintentionally defeat the contractual intent of the parties and cause significant losses. For example, boilerplate provisions may include a statement that remedies are cumulative. This may contradict remedy provisions that were hotly contested and painstakingly negotiated as part of the agreement's indemnification section.

Best practices call for negotiating and drafting such clauses, as well as others, in anticipation of future disputes.

The panel will guide healthcare counsel using boilerplate provisions in healthcare contracts. We will discuss identifying and avoiding the pitfalls of boilerplate contract clauses in these agreements. We will also provide insight into structuring individualized language to fit the circumstances of the transaction.

The webinar will review these and other key issues:

  • What strategies should healthcare counsel consider when drafting boilerplate clauses?
  • Which boilerplate clauses present the most significant challenges for healthcare entities and their counsel?
  • What pitfalls should attorneys watch out for when using boilerplate language? How can boilerplate provisions result in unintended consequences?

Register here