Commercial disputes and how to avoid them
The deal has been signed and disputes are starting to surface. In this video series, our litigators give their take on how to navigate these challenges.

Featured: The remarkable strength of a right of first refusal

A right of first refusal, or ROFR, is a common clause in contracts. It’s also remarkably powerful: by giving one party exclusive access to a transaction before anybody else, an owner limits not just the actions of interested third parties, but also of themselves.

In this video, Torys litigators Andrew Bernstein, Jeremy Opolsky and Rachael Saab explain how businesses can deploy this powerful tool with appropriate care in their commercial contracts.

We discuss:

  • Why ROFRs make negotiations more complicated
  • What to watch for when drafting a ROFR
  • What happens if a ROFR is breached
  • The interesting link between ROFRs and good faith in contracts

Click here for a transcript of this video.

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More in this series

Video
All about indemnities
Learn why indemnity clauses trigger so many commercial disputes—and how you can plan ahead when negotiating agreements.
Jul 6, 2022
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How to harness the power of earnouts (and manage their risk)
We explain how earnout provisions work, how to stop earnout disputes before they start and how to successfully resolve them.
Jul 6, 2022
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Employee considerations when buying a business
How can businesses integrate new employees into their operations while mitigating their organization’s legal risk? Our litigators explain.
Jul 6, 2022
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You gotta have (good) faith: How to perform a unique contract duty
It’s an increasingly important element of commercial agreements. How should parties approach good faith in contracts?
Aug 23, 2022

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