Ava J Borrasso Publishes ABA Article on Key Clauses in Cross-Border Commercial Deals

Ava J Borrasso authored “Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions” published in the March 2016 Business Visions Newsletter of the Middle Market and Small Business Committee of the ABA Business Law Section. The article provides an overview of some key dispute resolution issues and developments to consider when drafting domestic and international deals.

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Update: On December 21, 2016, the Court of Appeal issued its decision which rejected two bases of appeal from the Timothy Wright v. Lewis Silkin LLP, [2015] EWHC 1897 (QB) decision but granting a third. See [2016] EWCA Civ 1308. The decision was based on an intervening decision by the Court of Appeal that addressed the issue of remoteness of the duty owed as a basis of liability. As a result, the decision resulting in setting aside £2 million in damages and awarding the costs of client his costs of approximately £40,000.