Representations about future performance typically create great risk to the entity making them.
This risk includes inconsistencies between agreements, online T&Cs, other parties’ documents (battle of the forms), etc. Disclaimers of warranties and limitations on damages clauses also have a huge impact on the exposure to both parties. Careful drafting is necessary so that warranties and limitations thereon provide the protections both parties need. This video reviews why it is important to concentrate on both the legal warranty provision and on the standards which it incorporates by reference.
Mark R. Privratsky
Ballard Spahr LLP
- Over twenty years’ experience handling complex commercial and intellectual property based transactions and dispute resolution
- Advises clients’ senior management to avoid risks, win disputes, and defend and enforce patents, trademarks, copyrights, and trade secrets
- Protects, transfers, and monetizes IP assets by writing and negotiating agreements on behalf of technology, manufacturing, and other clients
- Leads Ballard Spahr’s Minneapolis office’s intellectual property department and is a member of the firm’s Technology Committee
- Frequent lecturer on intellectual property issues
- Recognized by Best Lawyers in America and as a Super Lawyer
- J.D. degree, with high distinction, College of Law, University of Nebraska
- Can be contacted at [email protected] or 612-371-3524
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