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In this video, attorney Brian Russ explains what a Memorandum of Understanding (MOU) is, emphasizing that it is generally intended as a non-binding agreement that reflects the parties' intent to discuss collaboration. He cautions against the misconception that labeling a document as an MOU automatically exempts it from being a contract. Russ points out that if an MOU contains the essential elements of a contract—such as mutual assent, offer, acceptance, consideration, and capacity—it may still be legally binding, regardless of its title. He recommends being cautious when using MOUs.