Business Contract Litigation - Legal Seminar
A Commercial Litigation Guide You Can't Afford to Miss
Contracts play an important role in the success or failure of any business. They are utilized on a daily basis and it's inevitable that at one point or another you will find yourself working on a case involving a breached, broken or disputed contract. In order to effectively defend your client you need to be able to read and apply creative interpretations of the agreement in court. Do you have a sound knowledge of contract fundamentals and litigation best practices? Don't let intimidation get the best of you, confidently take on any contract dispute and get the resolution your client is owed. Register today!
- Ensure you are reading and interpreting contracts properly.
- Draft precise demand letters that attempt to resolve the problem before moving on to litigation.
- Know what the courts look for when deciding whether or not a contract has a material breach.
- Recognize the requirements for claiming a contract has been violated by tortuous interference.
- Keep an eye out for the types of contracts that are most commonly litigated.
- Decide which jurisdiction and venue is most advantageous for your client when pursuing a lawsuit.
- Draft concise and accurate motions that effectively show the court your position.
- Calculate monetary remedies that compensate your client fully while not being overzealous.
- Identify when requesting the contract's specific performance is the best remedy for your client.
- Protect your client's confidential information and avoid ethical dilemmas associated with contract litigation.
- Overview of Business Contract Litigation Steps
9:00 - 9:45, David L. Simmons
- Contract Formation & Performance Obligations
- Implied Obligations of Contracting Parties
- Construction of Contract Documents
- Express Terms of Contract Documents
- The Battle of the Forms
- Flow Down Clauses and Incorporation by Reference
- Offers to Contract and Letters of Intent
- Promissory Estoppel and Equitable Recovery
- Contract Changes and Modifications
- Extrinsic Evidence and Statute of Frauds
- Performance Issues in Business Contract Litigation
9:45 -10:30, David L. Simmons
- Defective Design and Specifications
- Defective Workmanship and Materials
- I Delays and Impacts in Performance
- Prevention Doctrine
- Partial and Substantial Performance
- Waiver and Acceptance
- Claims and Economic Loss
- Insurance and Indemnity
- Default and Termination
- Litigation and Arbitration
- Settlement Strategies
10:45 - 12:00, Lisa M. Dillman
- Litigation and Pre-Trial Procedures
1:00 - 2:30, Matthew T. Albaugh
- Initial Pleading and Response
- Venue and Jurisdiction Considerations
- Effectively Using Motions
- Preparing for Counter Claims
- Discovery and E-Discovery Best Practices
- Locating Experts and Witnesses
- Direct and Cross-Examination Tactics
- Statutory and Common Law Remedies
2:45 - 3:30, Matthew T. Albaugh
- Calculating Monetary Remedies
- Compensatory Damages
- Consequential Damages
- Liquidated Damages Clauses
- Punitive Damages
- Requesting Injunctions and the Specific Performance
3:30 - 4:30, Patrick Olmstead Jr.
- Conflicts of Interest
- Safe Harbor Under Rule 1.18 for Evaluation
- Scope of Representation
- Limited Appearance
- Representing Organizations
- Objective Evaluation for Client
- Meritorious Claims and Contentions
- Candor Toward Tribunal and Opposing Party
- Discovery issues