Home / Expert Opinion / Advocate's View / Advocate’s View: Commercial litigator’s legal lexicon: The power of the word ‘notwithstanding’

Advocate’s View: Commercial litigator’s legal lexicon: The power of the word ‘notwithstanding’

Every once in a while, the Court of Appeals gifts the commercial litigator with an opinion that includes a useful discussion about the meaning and significance of a familiar and routinely used contract term. The most recent gift was the Court’s characterization of the term “notwithstanding” as one that “clearly signals the drafter’s intention.” CNH ...

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