By Brian Koosed, Priya Chadha and Jenna Lorence (October 4, 2018, 1:33 PM EDT) -- The Federal Rules of Civil Procedure explicitly direct federal courts to interpret the FRCP "to secure the just, speedy, and inexpensive determination[s]" of cases.[1] Yet few, if any, attorneys would recommend litigation in federal court as the quickest or most cost-effective way for their clients to resolve disputes arising out of sophisticated transactions. Motion practice can take months (or even years in some instances), and fact and expert discovery can take even longer. This creates an expensive and time-consuming process for businesses that thrive on predictability and a laser-like focus on their core mission, not distracting litigation. The question thus arises: How can litigators help their sophisticated clients achieve the FRCP's stated goal of quick and cost-effective dispute resolution? One way is for litigators to get involved at the transactional stage, far in advance of any potential litigation, to help sophisticated parties carefully draft provisions in their transaction documents that, among other things, preemptively waive some of the parties' discovery rights and remedies under the FRCP. While such contractual provisions would not be a viable option in consumer contracts, they could provide considerable savings in time and money to sophisticated parties, particularly in the mergers and acquisitions context....