Describes why agreements have amendment and waiver provisions, and the concepts and language these provisions generally include.

Looks at reasons parties might elect arbitration, what they typically include in their arbitration clauses, and why. Walks through and explains a sample arbitration provision.

Explains what assignment provisions do, why certain language is included, and how change of control relates to assignment.

Discusses when audit provisions are used, how the transaction type affects the provision, and what information the clauses usually provide, such as who can conduct the audit and how to treat the findings.

Discusses the various components typically found in confidentiality clauses and why they’re important, including the definition of confidential information and its carve-outs, restrictions and permitted uses, returning confidential information, and breaches.

Explains what counterparts provisions are, why they’re used, and the main concepts these clauses typically include.

Examines the purpose of data privacy clauses and each party’s considerations when drafting these clauses. Also describes the specific information typically contained in these provisions, including how to define what data is protected, security requirements and audit rights, and what happens if there’s a data breach.

Discusses what implied warranties are and why sellers disclaim them in their agreements. Walks through a sample provision and explains which language is important to each party.

Explains the purpose of entire agreement clauses, when they become important, and the language they generally include.

Examines a sample waiver of jury trial provision, discussing the scope of the waiver and enforceability considerations.