ARTICLE
7 October 2026

Deal To Dispute: Before The Ink Dries – Managing Risk In Early Stage Negotiations (Video)

AP
Arnold & Porter

Contributor

Arnold & Porter is a firm of more than 1,000 lawyers, providing sophisticated litigation and transactional capabilities, renowned regulatory experience and market-leading multidisciplinary practices in the life sciences and financial services industries. Our global reach, experience and deep knowledge allow us to work across geographic, cultural, technological and ideological borders.
Early-stage deal negotiations carry hidden litigation risks that many parties overlook until disputes arise. From non-disclosure agreements to letters of intent, the documents and conduct during pre-contract phases can create binding obligations and exposure that shape future legal battles. This webinar examines the critical junctures where negotiation choices become litigation vulnerabilities.
United States Corporate/Commercial Law

Early-stage negotiations often move on assumptions of good faith and routine paperwork, but the choices parties make before a deal is signed – in non-disclosure agreements, letters of intent, and the negotiations themselves – can shape how deal risk turns into litigation risk later. We invite you to a webinar on litigation risk in early-stage negotiations.

This session will cover:

  • Common gaps in NDA drafting that lead to disputes over confidentiality and use of information
  • Whether and when a letter of intent becomes binding, and how courts have interpreted non-binding language
  • Other points in the negotiation process – exclusivity provisions, term sheets, conduct during exclusivity or diligence – where exposure can arise before a definitive agreement exists
  • Practical drafting and negotiation approaches to reduce litigation risk across early-stage deal documents

This program is designed for in-house counsel, litigators, corporate and transactional attorneys, compliance professionals, and business leaders involved in structuring, negotiating, overseeing, or litigating commercial transactions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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