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Attorney Brian Russ explains that a Memorandum of Understanding (MOU) is generally considered a non-binding agreement that reflects the intent of parties to discuss collaboration. However, he warns against the common misconception that labeling a document as an MOU automatically makes it non-binding. In reality, if an MOU includes essential contract elements—such as mutual assent, offer, acceptance, consideration, and capacity—it may still be legally binding, regardless of its title. Therefore, he advises caution when assuming that an MOU is not a contract simply based on its designation.