Learn how to better draft and negotiate release provisions and the significant role they play in contracts.
Parties often do not fully assess the potential significance of a contract's release provision or whether a release provision is even necessary. They often make the mistake of thinking that release language in a settlement agreement or contract modification is merely ‘boilerplate' or insignificant. Release provisions in contracts are not all created equal and often are skewed to favor one party over the other.
This topic will help you better understand the role and function of release provisions in contracts. We will offer practical guidance about the significance of release provisions and provide tips for successfully drafting, negotiating and enforcing release provisions. This content will provide you with practical tips and tools that you can apply to your own contracts - from the negotiation table to the courtroom.
Areas Covered in the Session:
What Is a Release Provision?
Case Studies and Examples
Tips for Drafting, Reviewing and Negotiating a Release Provision
- Do Your Homework Before Drafting, Reviewing or Negotiating
- Consider the Release in the Context of the Entire Contract
- Precision Is Important, e.g., Word Choice Matters
- Pay Particular Attention to Sweeping Language and Unstated Assumptions
- Maintain Contemporaneous Documentation
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Only registered attendee will receive continuing education credit.
Justin M. Ganderson, Covington & Burling LLP
- Special counsel in Covington’s Government Contracts Practice in Washington, D.C.
- Focuses practice in the areas of federal government contracts dispute resolution and litigation, internal investigations, public-private partnerships/privatizations, and federal government contract counseling/compliance (including matters related to domestic preference laws like the Buy American Act)
- J.D. degree, magna cum laude and Order of the Coif, University of Miami School of Law; B.A. degree, cum laude, Cornell University
- Can be contacted at firstname.lastname@example.org or 202-662-5422
Daniel E. Johnson, Covington & Burling LLP
- Partner in Covington’s Litigation, Employment and Government Contracts Practices in Washington, D.C.
- More than 30 years of experience drafting and negotiating releases for clients in business tort, commercial, employment and government contract disputes
- J.D. degree, University of Virginia School of law; B.S. degree, magna cum laude, Virginia Polytechnic Institute and University
- Can be contacted at email@example.com or 202-662-5224
Alejandro L. Sarria, Covington & Burling LLP
- Special counsel in Covington’s Government Contract Practice in Washington, D.C.
- Represents civilian and defense contractors in a wide range of contract disputes involving the federal government, including those filed under the Contract Disputes Act
- In addition represents government contractors in high-profile tort cases arising out of military operations, national security programs, and environmental remediation projects
- J.D. degree, The George Washington University Law School; B.S. degree, with high honors, University of Florida
- Can be contacted at firstname.lastname@example.org or 202-662-5426