Get Concrete Skills to Prevent, Overcome and Manage the Top Contract Mistakes
This complete contract course compiles the most common (and costly) contract mistakes business attorneys and their clients are currently making in everyday practice - AND equips you with concrete approaches to handle them when they do happen. This valuable course is jam-packed with sample agreements, language and real-world examples of contracts gone wrong (and right). Don't miss this unique chance to learn from vetted contract lawyers that efficiently handle these sophisticated issues on a routine basis and know the in's, out's, traps and tricks your clients face. Get real-world know-how, useful negotiation strategies and proven drafting tools you can start using the same day to ensure your client's contracts are rock-solid. Register today!
- Confidently handle contracts with a better understanding of legal principles, risks and language options.
- Utilize the most effective drafting and scorched earth negotiation skills to allocate risk.
- Prevent future disputes by carefully examining liquidated damage clauses.
- Effectively (and strategically) negotiate representations and warranties.
- Identify indemnification landmines that you may be currently missing.
- Review the latest court rulings that directly impact the way you review contracts.
- Stay up to date on state-specific issues and industry trends affecting contract provisions.
- Safeguard your contracts against common misinterpretations.
DAY 1: Negotiations, Indemnification, Liability and Competition Issues
- Preliminary Contract Considerations
9:00 - 10:30, David V. Croft
- E-Contracting, E-Signatures and E-mail Issues
- Recitals as a Vehicle to set the Contractual Framework
- Uniform Electronic Signatures Act
- Statements of Work
- Choice of Forum and Law
- Risk Allocation - Preliminary Considerations
- Initial Mistakes That Lead to Disputes (and How to Prevent Them)
10:45 - 12:00, Ronald P. Friedberg and E. Mark Young
- Indemnification and Liquidated Damages
1:00 - 2:30, E. Mark Young
- Defining Purpose, Scope and Statute of Limitations
- Common Law Indemnification and Contributions Place
- Drafting Techniques
- Liability Caps and Limiting Sources
- When Does the Clause Become an Enforceable Penalty?
- Evaluating the Enforceability
- Exceptions That Void the Clause
- Negotiating the Conditions That Trigger the Clause and Damages
- Case Law, Trends and Real-Life Examples
- Representations and Warranties: Traps for the Unwary
2:45 - 4:30, Ronald P. Friedberg
- The Good, the Bad and the Ugly
- Which Clauses Carry the Greatest Liability?
- Quantitative Limitations and Knowledge Qualifiers
- Exclusion of Certain Representations and Warranties
- Case Law Review and Trends
DAY 2: Price, Payment, Reps and Warranties
- When the Agreement Goes Bad
9:00 - 11:00, Douglas A. DiPalma
- Proven Remedies for Breach
- Negotiating Performance Issues (Personal, Quality, Changes, etc.)
- Provisions for Elevating Negotiations/Decision Making
- Dispute Resolution Provision Examples
- Example of Tolling Agreements
- Venue/Choice of Law Issues
- Case Law Review and Current Trends
- Competition and Confidentiality Issues
11:15 - 1:15, Douglas A. DiPalma
- How Context Affects a Court's View of the Covenant (Enforceability and Interpretation)
- Use of Set Liquidated Damages to Deter Breach of Non-Compete
- Sale Structures Effect on Restrictive Covenants
- Negotiating Non-Disclosure/Confidentiality Clauses
- Non-Competes Gone Wrong (w/Examples)
- Customer Non-Solicitation Clause Examples
- Confidentiality/Trade Secret Issues
- Intangible Asset and Intellectual Property Problems
- Case Law Review, Trends and Examples
- Ethics for the Transactional Attorney
2:15 - 3:15, Richard S. Koblentz
- Boilerplate Provisions
- Clients That Don't Read the Document(s)
- Using Attachments and Modifiers to Increase Clarity
- Exception and Subordination Clauses
- Role of Lawyers in Negotiations
- Amendments and Waivers on Behalf of Your Client
- Limitation of Liability and Insurance Landmines
3:30 - 4:30, K. James Sullivan
- Negotiating "No Undisclosed Liabilities" and "Full Disclosure"
- How to Negotiate Limitation of Liability - Strategically
- Specific Language You Should Never Use
- Insurance Clauses That Work - One Size Doesn't Always Fit All
- Negotiating Risk and Liability Limitation Provisions
- Case Law, Trends and Real-Life Examples
This intermediate level program is designed for attorneys who are looking to take their contract drafting, reviewing and negotiating skills to the next level. The following business professionals may benefit.
- Contractors and Subcontractors
- Insurance Professionals
- Real Estate Agents and Brokers