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One of the lessons from the ADT Advantage case was don’t write ambiguous contracts. When you have two different ways that payments are being made it’s very important to put in language that says well, if this is terminated after whatever event then this, for example, this is what will be owed and how we will calculate it. And since that case I’ve been very careful in writing examples into contracts on termination provisions so that if they’re terminated there’s clear examples of how to do it.
A second lesson from the ADT case, which is the litigation lesson, is that just because you lose at the lower court doesn’t mean that you shouldn’t persevere and pursue the case. And you can still win it at the appellate court and you have to the courage of your conviction that your legal arguments are the correct one.
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Minneapolis commercial litigation and professional liability defense attorney Keith Broady reflects on Advantage Consulting Group v. ADT Sec. Systems, 306 F.3d 582.