The Most Litigated Terms in Business Agreements (2026 Edition)

Robby T. Dube, Partner | Eckland & Blando

Robby T. Dube is a partner at Eckland & Blando whose practice combines highstakes commercial litigation with deep experience in government contracts and regulatory matters. He represents businesses in state and federal courts nationwide and serves as outside general counsel to companies navigating contract risk, disputes, and compliance. His work spans complex business litigation, claims involving government entities, and administrative law challenges, with a particular focus on litigation-ready contract strategy and practical risk management.

Education & Credentials

• Robby earned his J.D., magna cum laude from the University of Minnesota Law School and is a member of the Order of the Coif. He holds an Honors B.A. in Historical Studies and Political Science from the University of Texas at Dallas.

Recognition & Leadership

• He has been recognized as a Super Lawyers “Rising Star” (2023–2025), a North Star Lawyer (20222024), and Best Lawyers: Ones to Watch® (2026). He also serves in leadership roles across professional organizations, including in government contracts and broader bar/community initiatives.

Professional Involvement

• Robby is an Adjunct Professor at the University of Minnesota Law School, where he teaches a deposition course, and he has served as a mock trial coach at the University of St. Thomas School of Law. He is active in professional organizations supporting government contracts and commercial practitioners.

Experience

• Robby litigates complex business disputes and contract cases through motion practice, injunction proceedings, and trial, and he advises clients on drafting and dispute-avoidance strategies that withstand real-world litigation pressure. His experience includes business disputes in specialized industries (including factoring and import/export) and matters involving regulatory and government contract frameworks (including CMMC and ITAR

Daniel Newman, Partner | Nelson Mullins Riley & Scarborough LLP

Daniel Newman is a partner who litigates complex commercial and securities matters in federal and state courts and in arbitration forums, and he regularly represents individuals and entities in investigations and litigation involving the SEC, DOJ, CFTC, FINRA, and state securities regulators. He began his career in the SEC’s Division of Enforcement, where he investigated and prosecuted violations of federal securities laws, and his practice today spans contracts, commercial torts, non-compete disputes, shareholder and class actions, and securities fraud matters.

Education & Credentials

• Daniel earned his J.D., cum laude from the University of Miami School of Law (1991) and holds a B.B.A. in Finance from The George Washington University (1988).

Recognition & Leadership

• He is recognized by Chambers USA in Litigation: Securities – Florida (including Band 1 recognition on the firm profile) and has been repeatedly listed by The Best Lawyers in America® across securities regulation and litigation categories. He is also recognized as a Benchmark Litigation “Litigation Star” in Securities (2025–2026) and has long-standing recognition as a Florida Super Lawyer.

Professional Involvement

• Daniel is a frequent speaker on securities litigation and regulatory issues and currently serves as an Adjunct Professor at the University of Miami School of Law teaching a course on SEC investigations; he has also taught litigation skills as adjunct faculty at Nova Southeastern University’s law school.

Experience

• Daniel represents clients in investigations and litigation initiated by securities regulators, advises on and conducts internal corporate investigations, and serves as (or counsels) receivers in matters involving alleged securities fraud with a focus on recovery for investors. His representative matters include defending and prosecuting fraud and breach-of-contract claims, defending public and private entities in regulatory proceedings, and handling large-scale disputes involving significant alleged losses and complex damages issues.

I. Litigation Hotspots: Navigating and Drafting the 5 Most Contentious Contract Terms | 1:00pm – 2:00pm

Whether from poor drafting, conflicting case law, or simply the amounts in dispute, certain key contract terms are the subject of endless litigation. This session will discuss the 5 main contract terms (and a few other honorable mentions) that are most litigated, what can be done at the drafting stage to reduce the risk of litigation, and some key case law or statutory/regulatory developments that have affected breach of contract disputes recently.

Session I explains why familiar clauses repeatedly drive breach-of-contract litigation and examines five hotspots: indemnification/limitation of liability, termination, IP, dispute resolution, and integration/merger. It also flags recurring flashpoints like non-competes, NDAs, and force majeure. Attendees learn common drafting mistakes that create ambiguity and enforceability risk, informed by recent legal developments.

Break | 2:00pm – 2:10pm

II. Contract Provisions — How Standard Are They? | 2:10pm – 3:10pm

In this session, we will explore three types of “conventional” contract provisions that often give rise to litigation: non-compete clauses, “mandatory” arbitration provisions and liquidated damages clauses. Recent developments in the law have impacted on the construction and enforceability of such provisions and have spawned disputes despite the drafters’ best intentions. If you find yourself litigating these issues, this session will provide you with some of the practical considerations that must be borne in mind in approaching that litigation.

drive This session shows how “boilerplate” can become a litigation trigger, focusing on non-competes, mandatory arbitration, and liquidated damages. It explains how shifting law and jurisdiction-specific doctrine drive enforceability fights, including scrutiny of restrictive covenants, unconscionability/arbitrability disputes, and the penalty doctrine. Attendees gain practical drafting and litigation strategies to reduce challenges and shape outcomes early through record-building, forum strategy, and tools like motions to compel arbitration, injunctive relief, and summary judgment.