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In this video, attorney Brian Russ explains the nature of a Memorandum of Understanding (MOU). He clarifies that while MOUs are generally intended to be non-binding agreements showcasing the parties' intent to discuss collaboration, they can still function as binding contracts. The title of the document does not determine its legal status; if it contains essential contract elements such as mutual assent, offer, acceptance, consideration, and capacity, it may indeed be enforceable. Therefore, he cautions individuals against assuming that an MOU is always non-binding, emphasizing the importance of understanding the document's content and implications.