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.
- 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
- Negotiation Strategies and Sample Contract Review
9:00 - 10:00, Written and presented by Shelia A. Huggins in Greensboro. Written and presented by J. Mitchell Aberman in Charlotte. Written and presented by Shelia A. Huggins in Raleigh.
- Ambiguities and Inconsistencies
- Managing Term Changes/Terms That Aren't Clear
- Use of "Term Sheets" in Preliminary Negotiations
- What to do When Contract Negotiations Come to a Halt
- Pushing Beyond the Impasse
- Pre-Contract Negotiations
- Multi-Party Negotiation Strategies
- Relationship with the Vendor/Other Party
- Preliminary Contract Considerations
10:00 - 11:00, Written and presented by Paula A. Wells in Greensboro. Written and presented by J. Mitchell Aberman in Charlotte. Written and presented by Paula A. Wells in Raleigh.
- 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)
11:15 - 12:15, Written and presented by Paula A. Wells in Greensboro. Written and presented by J. Mitchell Aberman in Charlotte. Written and presented by Paula A. Wells in Raleigh.
- Indemnification and Liquidated Damages
1:15 - 2:15, Presented by Robert L. Morton in Greensboro. Written and presented by Matthew R. Joyner in Charlotte. Presented by Robert L. Morton in Raleigh.
- 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
- Bankruptcy's Effect on Contracts
2:15 - 3:15, Presented by Justin W. Kay in Greensboro. Presented by Lee A. Peindl in Charlotte. Written and presented by Philip Sasser in Raleigh.
- Requirements of Assumption
- Standards for Rejection
- Competition and Confidentiality Issues
3:30 - 4:30, Written and presented by Paige C. Kurtz in Greensboro. Written and presented by J. Mitchell Aberman in Charlotte. Written and presented by Paige C. Kurtz in Raleigh.
- 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
DAY 2: Price, Payment, Reps and Warranties
- Price and Payment Obstacles
9:00 - 10:40, Written and presented by Shelia A. Huggins in Greensboro. Written and presented by Alonzo M. Alston in Charlotte. Written and presented by Shelia A. Huggins in Raleigh.
- Price/Price Adjustment Negotiation Tips
- What to do When Negotiations Come to a Halt
- Tax Considerations and Allocation Issues
- Payment by Stock or Promissory Note
- Case Law, Trends and Real-Life Examples
- Representations and Warranties: Traps for the Unwary
10:55 - 12:35, Written and presented by Jeffrey R. Wolfe in Greensboro. Written and presented by Joshua M. Hayes in Charlotte. Written and presented by Jeffrey R. Wolfe in Raleigh.
- 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
- When the Agreement Goes Bad
1:35 - 3:15, Written and presented by Stephanie U. Eaton in Greensboro. Presented by Edward A. Jesson in Charlotte. Written and presented by Doug L. McClanahan in Raleigh.
- 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
- Ethics for the Transactional Attorney
3:30 - 4:30, Written by Alfred P. Carlton Jr. in Greensboro. Presented by Matthew T. Marcellino in Charlotte. Written and presented by Alfred P. Carlton Jr. in Raleigh.
- 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
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