Every Contract Is a Litigation Waiting to Happen (OnDemand)
Originally held on Monday, May 13, 2019 | 6:00 p.m. - 8:15 p.m.
Program Fee:
OnDemand: $149 for Members | $249 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (earliest admission 2017-2019 in any state or country), In-House/Corporate Counsel, Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
CLE Credit:
New York: 2.5 Skills
New Jersey: 2.6 General
California: 2.0 General
Pennsylvania: 2.0 General
Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
Description:
Agreements form the basis of nearly everything transactional lawyers do.
From vendor arrangements to asset purchases to non-compete agreements,
contracts are essential to almost every practice area. Commercial
lawyers who draft contracts tend to be primarily aware only of the
business interests contemplated by the contract. But another essential
part of contract drafting, sometimes overlooked, is the need to minimize
the likelihood of future disputes, or at least be positioned if a
dispute is unavoidable.
Commercial lawyers, in drafting agreements, need to fully understand all
facets of the deal, conceptualize those areas where problems/disputes
could arise down the road, and preemptively address these potential
situations through their drafting skills. In this CLE, the faculty will
discuss key contract "anti-litigation" drafting principles. In the
first half of the program, the panel will provide tips on drafting
standard contract clauses to mitigate future litigation, including:
- Litigating Contract Disputes– Recent Case Law & Pointers for Transactional Attorneys
- Ambiguity and Vagueness
- Clauses Anticipating Dispute Resolution
- In-House Lawyer as Negotiator - Protecting the Attorney-Client Privilege
During the second half, the panel will focus on various considerations
to take into account when drafting mergers and acquisitions
transactions, including:
- Avoiding Potential Disputes - Considerations for M&A Transactions
- Asset Sales
- Defining the Key Terms for Non-Competition Covenants
- In-House Lawyer as Negotiator - Protecting the Attorney-Client Privilege
- Key Indemnification Provisions
- Letters of Intent
Click Here to View Program Agenda & Faculty
Program Co-Chairs:
Bart Breinin, Paul Ellis Law Group LLC
Jack Lerner, Vice President, Corporate Counsel, Prudential Financial Inc.
Sponsoring Association Committee:
In-House Counsel, Jack Lerner & Daniel K. Wiig, Co-Chairs