1. Home
  2. |Insights
  3. |“DON’T SIGN THAT YET!” SERIES: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts

“DON’T SIGN THAT YET!” SERIES: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts

Event | 02.12.13, 12:00 AM UTC - 12:00 AM UTC

Contract negotiation skills and contract dispute experience are two great things that work even better together.  Some common contract provisions frequently generate litigation, either because they are unclear as drafted, or because they operate in an unexpected and undesirable way.  At Crowell & Moring, our corporate lawyers and our commercial litigators take a collaborative approach, using integrated corporate and litigation strategies to draft and structure contracts to reduce the likelihood of disputes.


Crowell & Moring invites you to attend a workshop hosted by the firm’s Corporate and Litigation Groups, to share the fruits of this unique, collaborative approach.  So plan to come with your sleeves rolled up to our decidedly un-fancy, but highly practical, workshop for those whose job it is to worry about getting contracts just right.


Workshop 1 – February 12, 2013


Topics Include:

  • When good might be better than best – “best efforts” vs. “good faith” vs. “commercially reasonable” standards.
  • What does “material” really mean anyway?
  • Consents -- how much discretion does one really have?
  • Recitals – what are they worth?
  • The Work for Hire Doctrine: how to draft an agreement that will make sure you get what you paid for, and avoid giving away valuable IP.


For more information, please visit these areas: Corporate and Transactional, Litigation and Trial, Torts Class Actions, Public-Private Partnerships, Recovery, National Coordinating Counsel and Complex Litigation, Mergers and Acquisitions, Commercial Contracts and Outsourcing, Commercial Finance and Lending, Corporate Counseling, Governance and Compliance, Securities and Capital Markets, Emerging Companies and Venture Capital, Joint Ventures and Strategic Alliances, Private Equity, ERISA and Employee Benefits, E-Discovery and Information Management, Class Action Defense

Participants

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

View All Insights