Every Contract Is a Litigation Waiting to Happen
Monday, May 13, 2019 | 6:00 p.m. - 8:15 p.m.
Prefer to view the live program? Please CLICK HERE.
Program Fee:
Live Webcast: $199 for Members | $299 for Nonmembers
In-House Counsel: Free for Members | $219 for Nonmembers
Members who are Recent Law Graduates (not yet admitted), Newly Admitted Lawyers, 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: 2.5 General
Pennsylvania: 2.0 General
Please Note: Newly admitted NY attorneys (admitted within the last two years) cannot fulfill skills credits through our webcast programs since they are not considered “fully interactive videoconference” 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