Considerations for Contractual Provisions Extending Statutes of Limitations

Louis Hering, Morris Nichols Commercial Law Counseling Group partner, and Melissa DiVincenzo, Morris Nichols Delaware Corporate Law Counseling Group partner, co-authored “Considerations for Contractual Provisions Extending Statutes of Limitations” presented at the 2013 Working Group on Legal Opinions Spring Seminar in New York City, May 14, 2013.

The article considers the types of provisions that could be construed to run afoul of the prohibition against contractually extending a statute of limitations and the implications for certain legal opinions.

Click here to download the full article.

The ABA Working Group on Legal Opinions was formed in 2007. Its mission is to provide a national forum for the discussion of important issues relating to closing opinions. Participants in the Working Group on Legal Opinions include opinion providers, opinion recipients, the ABA, State and local bar associations as well as rating agencies and law firm malpractice insurers. Lou serves on the Working Group’s Steering Committee and Law Firm Advisory Board.