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Tips For Drafting Contractual Nonreliance Clauses

Law360 (February 13, 2018, 10:58 AM EST) -- Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention. And rightly so. A properly drafted nonreliance provision can be a powerful tool in defeating an adversary’s claim of reliance on extracontractual representations. While much of the discussion about nonreliance provisions has focused on the precision with which they should be drafted, little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can...
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