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Attorney Brian Russ explains that a Memorandum of Understanding (MOU) is generally a non-binding agreement that reflects the intent of the parties to discuss collaboration. However, many mistakenly believe that labeling a document as an MOU automatically makes it non-binding. In reality, it can still be considered a contract if it includes the essential elements of a contract: mutual assent, offer, acceptance, consideration, and capacity. Therefore, despite the label, an MOU may result in a binding contract. Attorney Russ advises being cautious and understanding the implications of entering into an MOU.