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Identify Concealed Risk and Strategically Negotiate Liability

Go beyond the "nuts and bolts" and explore business contracts at an advanced level. Our skilled attorney faculty will demonstrate how to take vital contract language, terms, conditions and clauses, refine them and customize them to your clients' unique needs and situations. You'll confidently maneuver through sticky provisions and identify the most advantageous positions to take in negotiations. Listen to real-world implications of seemingly harmless contract language so you can avoid injurious liability traps experienced attorneys have fallen prey to. Don't miss out on this one-day, unconventional course that is overflowing with years of hard-won negotiation skills and concrete drafting technique - register today!

  • Avoid liability and indemnification traps that only seasoned attorneys are sentient to.
  • Dexterously read between the contract lines to identify hidden liability landmines.
  • Understand how to use "term sheets" in preliminary negotiations to minimize up-front costs, paperwork, and multiple "contracts."
  • Explore in-depth often-overlooked provisions that avert future disputes.
  • Get proven, concrete negotiation methods when discussions come to a halt.
  • Advantageously negotiate price adjustments with skilled finesse.
  • Discuss ambiguous contract language that may potentially provide ammunition for claims.
  • Hear real-world examples and personal war stories regarding liability limiting provisions.
  • Use set liquidated damages to deter breach of non-compete.
  • See the far-reaching consequences of insurance provisions gone wrong.
  • Learn how to ferret-out all possible issues at the contract review stage with advanced technique.
  • Acquire advanced language methods for drafting enforceable, airtight confidentiality and non-compete clauses.

  1. Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
    9:00 - 10:00, Written by Benjamin D. LaFrombois. Presented by Benjamin D. LaFrombois in Madison and Milwaukee.
    1. Scorched Earth Approach vs. Conciliatory Approach
    2. Multi-Party Negotiations
    3. What to do When Negotiations Fail - Advanced Tips
    4. How to Strategically Push Beyond the Impasse
    5. How to Anticipate Responses and Effectively Counter
    6. Costly Mistakes Attorneys Commonly Make During Negotiations
    7. Negotiating Ambiguities, Unclear Provisions and Clauses
    8. Advanced Negotiations - Cutting-Edge Techniques
  2. Advanced Contract Examination and Drafting Techniques (w/Sample Clause/Language/Provision Examination)
    10:15 - 11:00, Written by Kelly J. Schwab and Hannah Smet. Presented by Kelly J. Schwab in Madison and Hannah Smet in Milwaukee.
  3. Covering Your Tail and Strategically Negotiating Risk: Indemnification, Limitations of Liability and Insurance
    11:00 - 12:00, Written by Kelly J. Schwab and Hannah Smet. Presented by Kelly J. Schwab in Madison and Hannah Smet in Milwaukee.
    1. Duties to Defend, Indemnify and Hold Harmless (Enforceability Issues)
    2. Effective Indemnification Provisions (w/Examples)
    3. Sophisticated Drafting Tips
    4. High-Level Review Techniques
    5. Top Mistakes Made by Attorneys During Negotiations
    6. Availability of Recovery under Common Law Indemnity and Contribution Theories
    7. How to Strategically Negotiate Liability Limitation Provisions
    8. Statutory and Public Policy Constraints to Indemnity and Risk Allocation
    9. Insurance Clauses That Work
    10. Case Law Review and Real-World Examples
  4. Evading Enforceability Issues and Effectively Negotiating Conditions
    1:00 - 1:45, Written by Mark R. Hinkston. Presented by Mark R. Hinkston in Madison and Milwaukee.
    1. Negotiating Conditions That Trigger Liquidated Damage Clauses
    2. Representations and Warranties: Traps for the Unwary
    3. Advanced Drafting Secrets to Ensure Enforceability
    4. Boilerplate Integration Clause Examination
    5. Severability Clauses - Pitfalls to Avoid
    6. Real-Life Examples of Confidentiality Clauses
    7. Top Mistakes Made in Non-Compete Clauses
    8. Use of Set Liquidated Damages to Deter Breach of Non-Compete
    9. Intangible Asset and Intellectual Property Problems
    10. How Context Affects a Court's View of the Covenant
    11. Case Law Review
  5. The Refined Art of Bargaining Price, Adjustments and Payment in Agreements
    1:45 - 2:30, Written by Benjamin D. LaFrombois. Presented by Benjamin D. LaFrombois in Madison and Milwaukee.
    1. Sample Review of Real-World Language and Clauses
    2. Articulating Formulas That all Parties Agree to
    3. Sophisticated Purchase Price Negotiations
    4. Price Adjustment Negotiation and Re-Negotiation Strategies
    5. Push-Back on Price/Price Adjustments
    6. What to do When Negotiations Come to a Halt
    7. Holdback "Hitches"
    8. Critical Tax Considerations and Allocation Issues
    9. Payment by Stock or Promissory Note - Do's and Don'ts
    10. Case Law Review
  6. Ethics for the Contract Attorney
    2:45 - 3:45, Written by Richard J. Cayo. Presented by Richard J. Cayo in Madison and Milwaukee.
    1. Attorney Fees
    2. Due Diligence
    3. Using Boilerplate Provisions
    4. Role of Lawyers in Negotiations
    5. Amendments and Waivers on Behalf of Your Client
  7. Complex Contract Dispute Issues and Remedies
    3:45 - 4:30, Written by Mark R. Hinkston. Presented by Mark R. Hinkston in Madison and Milwaukee.
    1. Advanced Drafting Techniques of Arbitration Clauses
    2. Picking Your Battles: Claims Between Owners vs. Designers, vs. General Contractors, Subcontractors and Suppliers
    3. Advanced Remedies for Breach
    4. Large Multiparty Contract Dispute Do's and Don'ts
    5. Who's Responsible? Recent Case Law and Current Trends

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