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Trying 'Best-Efforts' Cases

By Jerome L. Epstein and Michael A. Hoffman
April 26, 2013

Contractual best-efforts clauses are commonly used when it is not possible or desirable to spell out or quantify every detail of a party's required performance. But these notoriously ambiguous clauses are also a recipe for costly, drawn-out litigation and potentially catastrophic judgments.' In this article, we offer concrete tips ' based on our experience from several recent trials ' for defending a best-efforts case. We also offer suggestions for contract drafting and business dealings to lessen the chance of costly and intrusive litigation.

Best-Efforts Obligations

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