Drafting to Defense: Structuring Reps, Warranties, and Covenants to Avoid Disputes

Representations, warranties, and covenants are primary sources of litigation because they allocate risk and define liability for breaches in commercial contracts. Litigation often arises from disputes over whether a statement was a factual representation (present) or a covenant (future promise), with issues typically involving inaccuracy, materiality, survival periods, and the limits of indemnification.

In this session, which is the first in our contracts series, we will look at the fundamental legal concepts behind representations, warranties, and covenants and cover common ways to minimize litigation risk.

This session (and the series) is sponsored by Blank Rome.