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Who should attend Battle of the Forms and Managing the Contracting Process Audio Conference
Attorneys, purchasing managers, material managers, contract administrators, senior buyers, project directors, controllers and accountants.
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Attorneys, purchasing managers, material managers, contract administrators, senior buyers, project directors, controllers and accountants.

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Seminar Summary:

This live audio conference will teach you how to control the contracting process to avoid unacceptable terms by avoiding or winning the battle of the forms. (see full course description)

 
 
 

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Training Course Syllabus:


Battle of the Forms and Managing the Contracting Process Audio Conference

Benefits

Effective contracting practices are critical to ensuring that contracts are made on acceptable terms. Ineffective practices can lead to a failure to achieve required terms or worse, a contract on terms that are contrary to one's objectives. Our fast-paced world increases the pressure as it is very easy for conflicting terms to be exchanged electronically without a complete meeting of the minds of the prospective parties. This live audio conference will teach you how to control the contracting process to avoid unacceptable terms by avoiding or winning the battle of the forms, how to get the warranties one wants, how to secure appropriate rights and remedies and limit those of the seller, and what to do if and when unsatisfactory goods are delivered.

Agenda

Scope and Applicable Law

  • UCC Article 2 – Sales of Goods
  • Other Applicable Law

Contracting

  • Minimum Requirements for a Contract
  • Statute of Frauds
  • Electronic Contracting
  • Consideration
  • Form Offers
  • Quantity: Output and Requirements Contracts

Contract Formation

  • Offer and Acceptance
  • Course of Performance, Course of Dealing and Usage of Trade

The Battle of the Forms – UCC 2-2207

  • UCC Favors the Existence of a Contract
  • Acceptance Can Occur Even If Different Terms Proposed
  • Merchants: New Terms Are Proposals
  • Materiality of New Terms
  • Conduct Establishes Contract
  • The Knockout Rule
  • UCC Implied Terms
  • Layered Contracting
  • Service Contracts

Best Practices for Contracting

Avoiding Third-Party Interests

  • Security Interests
  • Entrusting
  • Ownership of Work Product in Service Contracts

Warranties

  • Types and When Made
  • Implied Warranties
  • Merchantability
  • Title: No Infringement
  • Fitness for Particular Purpose
  • Course of Dealing or Trade Usage
  • Disclaiming Implied Warranties
  • Best Practices

Inspection and Rejection

  • Inspection Rights
  • Layered Contracts
  • Improper Delivery
  • Acceptance
  • Rejection
  • Duties With Respect to Rejected Goods
  • Revocation of Acceptance

Breach and Notice of Breach

  • Installment Contracts

Buyer's Remedies

  • Security Interest in Rejected Goods
  • Cover
  • Damages
  • Incidental and Consequential Damages
  • Specific Performance
  • Liquidated Damages

Avoiding Seller Remedies

  • Duty to Mitigate
  • Other Standards Applicable to Sellers

Force Majeure

Examples and Best Practices


Faculty

Darrell W. Pierce, Dykema Gossett PLLC

  • Member of Dykema Gossett PLLC in Ann Arbor, Michigan
  • Practice focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code
  • More than 25 years of experience in the practice of corporate and commercial law
  • Co-leader of Dykema’s Lending Team, and member of Dykema’s Automotive Team
  • Served on the Article 9 Study Committee and the Article 9 Drafting Committee as the chair of the Article 9 Filing Project
  • Frequent lecturer on Uniform Commercial Code issues
  • J.D. degree, cum laude, University of Michigan Law School; A.B. degree, cum laude, Dartmouth College
  • Can be contacted at 734-214-7634 or dpierce@dykema.com

 

Continuing Education Units

  • CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
  • CPE
  • ISM
  • Additional credit may be available upon request.

AK CLE 1.5

Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.

AL CLE 1.5 (Pending)

AR CLE 1.5

This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.

AZ CLE 1.5

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.

CA CLE 1.5

Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours.

CO CLE 1.0

This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 1.0 hours of CLE.

GA CLE 1.5

This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.

HI CLE 1.5

This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 VCLE credit hours.

IA CLE 1.5 (Pending)

Application is pending with the Iowa Supreme Court Commission on Continuing Legal Education

IL CLE 1.5

This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.

KS CLE 1.5 (Pending)

Application for CLE approval of this activity is currently pending with the Kansas Continuing Legal Education Commission.

KY CLE 1.5 (Pending)

Application for approval of this activity for a maximum of 1.5 credits is PENDING before the Kentucky Bar Association Continuing Legal Education Commission.

ME CLE 1.5

This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.

MN CLE 1.5 (Pending)

This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.

MO CLE 1.8

This program has been approved by the Missouri Bar for 1.8 hours of CLE.

MS CLE 1.5 (Pending)

This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.

MT CLE 1.5

This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.

NC CLE 1.5 (Pending)

ND CLE 1.5

This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit.

NE CLE 1.5 (Pending)

NJ CLE 1.8

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.

NM CLE 1.5

This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.

NV CLE 1.5

This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.

NY CLE 1.5 including Areas of Professional Practice 1.5

This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours, of which 1.50 credit hours may be applied toward the Areas of Professional Practice requirement. Each hour may be counted only as satisfying one category of credit; duplicate credit for the same hour of instruction is not permitted. Lorman Business Center, Inc. has a financial hardship guideline.

PA CLE 1.5

This program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.

RI CLE 1.5

This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.

TN CLE 1.5

This program has been approved by the Tennessee Commission on Continuing Legal Education and Specialization for a maximum of 1.5 hours of credit.

TX CLE 1.5

This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit.

UT CLE 1.5 (Pending)

This program has been submitted to the Utah State Board of Continuing Legal Education. Approval Pending.

VA CLE 1.5 (Pending)

This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.

VT CLE 1.5

This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.

WA CLE 1.5

This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.

WI CLE 1.5

This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.

WV CLE 1.8

This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.

ISM 1.5

Participants who successfully complete this program will receive 1.5 hours of continuing education. They may be applied toward ISM C.P.M. recertification and/or A.P.P. reaccreditation program requirements. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.

CPE 1.5 including Specialized Knowledge and Applications 1.5

Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417. CPE Credit: Maximum Credit Hours: 1.5 each session (based on a 50 minute credit hour). Field of Study: Specialized Knowledge and Applications. Prerequisite: basic knowledge of purchasing contracts. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group-Live. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.

Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.

The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.


Who Should Attend

This live audio conference is designed for attorneys, purchasing managers, material managers, contract administrators, senior buyers, project directors, controllers and accountants.

Audio Conference Time:  1:00 pm ET (12:00 pm CT, 11:00 am MT, 10:00 am PT)

Length:  1 hour 30 minutes

 

Live Teleconference: $199.00

Live Teleconference + CD:  $268.00

Can't Attend the Live Teleconference?   CD/Manual Package Only: $199.00

Seminar Summary:

This live audio conference will teach you how to control the contracting process to avoid unacceptable terms by avoiding or winning the battle of the forms. (see full course description)

print this agenda print agenda for the Battle of the Forms and Managing the Contracting Process Audio Conference training seminar

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