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In this video, attorney Brian Russ discusses the concept of a Memorandum of Understanding (MOU). He clarifies that while MOUs are generally viewed as non-binding agreements that indicate the intent of parties to discuss collaboration, they can still become binding contracts. The title of the document does not determine its enforceability; what matters are the essential elements of a contract—mutual assent, offer, acceptance, consideration, and capacity. Thus, an MOU can be legally binding if these elements are present, contrary to the common assumption that an agreement labeled as an MOU is automatically non-binding.