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Real-World, Practical Negotiation Strategies That Really Work

Are you strategically negotiating critical provisions to the best of your ability? With boilerplate provisions not being a potential option, the amount of risk, liability and potential error soars to an all-time high. Veteran contract attorneys who negotiate complex provisions daily and know the extreme dangers and problems that indemnification and other clauses bring, will equip you with proven, real-world negotiation skills you can start using right away to ensure your clients are fully protected. Don't miss this unique contract negotiations course that goes far beyond what any textbook can teach you. Register now!

  • Dig deep into the in's and out's of these thorny clauses and gain years of experience.
  • Get real-world drafting examples and checklists you can use right away.
  • Create rock-solid, enforceable provisions to avoid liability, damages and potential disputes.
  • Review different types of clauses and how they should be negotiated in various agreements.
  • Dig deep into the entanglement of indemnification, hold harmless and limitation of liability.
  • Strategically apply state and common laws and use them to your client's advantage.

  1. Preliminary Business Contract Negotiation Necessities, Tips and Tricks
    9:00 - 10:05, William R. Baldwin III
    1. State, Federal and UCC Contract Law Update
    2. Trends and Issues
    3. Choice of Forum and Law
    4. Time of Performance
    5. Fundamental Principals of Business Contracts
    6. E-Contracting and E-Signatures
    7. Pre-Contract Negotiation Strategies
    8. Multi-Party Negotiation Considerations
    9. Ensuring ALL Parties are Identified
  2. Negotiating Indemnification Provisions and Agreements
    10:05 - 11:10, William R. Baldwin III
    1. Thresholds for Indemnification Liability
    2. Limits of Indemnification
    3. Indemnity, Indemnify, Indemnification and "Hold Harmless"
    4. Interplay of Insurance, LOL and Indemnity
    5. Ensuring Enforceability
    6. Strategically Negotiating Indemnity and LOL
    7. Agreeing to Defend as Well as Hold Harmless
    8. Controlling Push-Back: Liability and Risk Allocation
    9. Insurance, Waiver and Subrogation
    10. Who May Cause Loss? Who Would be Responsible?
    11. Indemnifying Persons Other Than Yourself
    12. Negotiating "No Undisclosed Liabilities" and "Full Disclosure"
    13. New Ways of Thinking About Indemnity During the Deal
    14. Reciprocity in Indemnity Provisions
    15. Case Law Review
  3. Negotiating Representations and Warranties: Traps for the Unwary
    11:25 - 12:10, Jeremiah M. Yourth
    1. Ensuring Enforceability
    2. Who is Liable? Who Should Take the Risk?
    3. Which Reps/Warranties Cause the Greatest Liability?
    4. Negotiating Position
    5. Limitations and Exceptions
    6. Survival of Reps and Warranties
    7. Case Law Review/Current Court Interpretations
  4. Competition, Confidentiality and Covenant Conundrums
    1:10 - 2:15, Sarah L. McCurry
    1. Negotiation Strategies and Secrets
    2. Language to be Wary Of
    3. Examples of Clauses Gone Wrong
    4. Case Law Review
  5. Fiduciary Duties and Decision Making - Enforceability and Liability Distribution
    2:15 - 3:15, Sarah L. McCurry
  6. Ethics for the Business Contract Attorney
    3:30 - 4:30, Samuel J. Kaufman
    1. Using Boilerplate Provisions
    2. Clients That Don't Read the Document(s)
    3. Multi-Party Negotiations
    4. Role of Lawyers in Negotiations
    5. Amendments and Waivers

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