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Attorney Brian Russ explains that a Memorandum of Understanding (MOU) is generally seen as a non-binding agreement, reflecting the intent of parties to discuss collaboration. However, he warns that just labeling a document as an MOU doesn’t automatically make it non-binding. An MOU can still function as a contract if it contains essential elements like mutual assent, offer, acceptance, consideration, and capacity. Therefore, it’s important to carefully evaluate the contents of the document beyond its title, as it may hold binding contractual obligations despite being labeled an MOU.