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Advanced Business Contracts  

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This advanced level course is geared towards attorneys. Paralegals may also benefit.


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Seminar Summary:

This program will go beyond the basics of contract law so you can draft from a litigator's perspective. (see full course description)


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Training Course Syllabus:

Advanced Business Contracts - Business Contract Law Seminar

Real-World Strategies and Solutions from Both Sides of the Table

When a boilerplate provision is not an option when drafting a clause, the amount of risk, liability and potential error soars to an all-time high. Veteran attorneys who work with complex agreements daily and know the extreme dangers and problems that complex provisions bring, will equip you with proven skills you can start using right away to ensure your clients are fully protected. You'll also learn practical remedies for how to effectively resolve complex business contract disputes. Dig deep into the in's and out's of these thorny clauses and gain years of experience in just one day - register now!

  • 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 utilized in various agreements.
  • Dig deep into the entanglement of indemnification, insurance and limitation of liability.
  • Identify detrimental mistakes attorneys commonly make in hold harmless clauses and agreements.
  • Strategically apply state and common laws to indemnification and use them to your client's advantage.
  • Learn how to extinguish culpability with advanced negotiation methods.
  • Review real-world examples of provisions gone wrong.
  • Learn advanced techniques for proving liability and shifting risk.

  1. Preliminary Business Contract Considerations, Complexities and Conundrums: Beyond the Basics
    9:00 - 10:00, Michael A. Carr and Branden Fulciniti
    1. E-Contracting and E-Signatures - Your Most Pressing Questions Answered
    2. E-mail and Other Informal Transmittal of Deal Term Pitfalls
    3. Nuances, Current Trends and Challenges in Business Contracts
    4. Avoiding and Handling Letter of Intent Landmines
    5. Pre-Contract Negotiations - Tips from the Experts
    6. Choice of Forum and Law
    7. Multi-Party Negotiation Considerations
    8. Handling Term Changes/Terms That Aren't Clear
    9. Conditional Language and its Place
    10. How to Describe the Business Obligations Being Contemplated
    11. Risk Allocation - Critical Preliminary Considerations
  2. The Art of Bargaining - Negotiating Price, Adjustments and Payment
    10:15, 11:00, Michael A. Carr and Branden Fulciniti
    1. Due Diligence under a Contract (with Sample Checklists)
    2. Articulating Formulas That all Parties Agree to
    3. Sophisticated Purchase Price and Price Adjustment Negotiation and Re-Negotiation Strategies
    4. Push-Back on Purchase Price/Price Adjustments - Negotiation Mistakes to Avoid
    5. What to do When Payment Negotiations Come to a Halt
    6. Holdback "Hitches"
    7. Critical Tax Considerations and Allocation Issues
    8. Payment by Stock or Promissory Note - Do's and Don'ts
  3. Drafting Ironclad Indemnification Clauses (with Examples & Checklists)
    11:00 - 12:15, Gregory H. Teufel
    1. Best Practices to Ensure Enforceability
    2. Reciprocity in Indemnity Provisions
    3. Defining Proper Scope and Duties Being Contemplated
    4. Active vs. Passive Negligence Terms
    5. Insurance, Waiver and Subrogation
    6. Liability and Risk Allocation: Defining Potential Extent
      1. Ensuring ALL Parties are Identified
      2. Who May Cause Loss? Who Would be Responsible?
      3. Indemnifying Persons Other Than Yourself
      4. Avoiding Ambiguities and Inconsistencies in Language
    7. What is the Source and Extent of Potential Loss?
    8. Defining Damages and Settlement
    9. Notice and Control; Limitations and Reimbursement
  4. When the Love is Gone . . . Detangling Indemnity and Proving Liability
    1:15 - 2:00, Gregory H. Teufel
    1. Who's Responsible? Recent Case Law and Current Trends
    2. Proving Liability: What Evidence do You Need?
    3. Drafting Agreements that Provide for Immediate Relief
    4. Finding the Source of Loss/Damage
    5. Calculating Damages
    6. Proving Joint/Several Liability
    7. Proving Extent of Responsible Party
    8. Overcoming Enforceability Issues
    9. Advanced Defense Techniques
  5. Ethics for the Business Contract Attorney
    2:15 - 3:15, Rebecca A. Bowman
    1. The Dangers of 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
  6. ADR - Limiting Contract Disputes
    3:15 - 4:30, Rebecca A. Bowman

Seminar Summary:

This program will go beyond the basics of contract law so you can draft from a litigator's perspective. (see full course description)

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