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In this tutorial, attorney Brian Russ explains the concept of a Memorandum of Understanding (MOU). He notes that MOUs are generally intended as non-binding agreements that express the parties' intent to engage in discussions or collaboration. However, he cautions that simply labeling a document as an MOU does not necessarily make it non-binding. If the document contains the essential elements of a contract—such as mutual assent, offer, acceptance, consideration, and capacity—it could still be enforceable. Russ advises being cautious and mindful of the terms in MOUs, as they may inadvertently create binding contracts.