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Overview
Identify Concealed Risk and Strategically Negotiate Liability
Go beyond the "nuts and bolts" and explore business contracts at an advanced level. Our skilled attorney faculty will demonstrate how to take vital contract language, terms, conditions and clauses, refine them and customize them to your clients' unique needs and situations. You'll confidently maneuver through sticky provisions and identify the most advantageous positions to take in negotiations. Listen to real-world implications of seemingly harmless contract language so you can avoid injurious liability traps experienced attorneys have fallen prey to. Don't miss out on this unconventional course that is overflowing with years of hard-won negotiation skills and concrete drafting technique - register today!
- Avoid liability and indemnification traps that only seasoned attorneys are sentient to.
- Dexterously read between the contract lines to identify hidden liability landmines.
- Understand how to use "term sheets" in preliminary negotiations to minimize up-front costs, paperwork, and multiple "contracts."
- Explore in-depth often-overlooked provisions that avert future disputes.
- Get proven, concrete negotiation methods when discussions come to a halt.
- Discuss ambiguous contract language that may potentially provide ammunition for claims.
- Hear real-world examples and personal war stories regarding liability limiting provisions.
Abbreviated Agenda
- Tips for Handling Complicated E-Contracting, E-Signatures and E-mail Issues (w/Real-World Examples)
- Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
- Advanced Contract Examination and Drafting Techniques (w/Sample Clause/Language/Provision Examination)
- Covering Your Tail and Strategically Negotiating Risk: Indemnification, Limitations of Liability and Insurance
- Evading Enforceability Issues and Effectively Negotiating Conditions
- Ethics for the Contract Attorney
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Pre-Order the OnDemand
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| CPE for Accountants/NASBA |
|
7 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Tips for Handling Complicated E-Contracting, E-Signatures and E-mail Issues (w/Real-World Examples)
-
Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
- Scorched Earth Approach vs. Conciliatory Approach
- Multi-Party Negotiations
- What to do When Negotiations Fail - Advanced Tips
- How to Strategically Push Beyond the Impasse
- How to Anticipate Responses and Effectively Counter
- Costly Mistakes Attorneys Commonly Make During Negotiations
- Negotiating Ambiguities, Unclear Provisions and Clauses
- Advanced Negotiations - Cutting-Edge Techniques
-
Advanced Contract Examination and Drafting Techniques (w/Sample Clause/Language/Provision Examination)
-
Covering Your Tail and Strategically Negotiating Risk: Indemnification, Limitations of Liability and Insurance
- Duties to Defend, Indemnify and Hold Harmless (Enforceability Issues)
- Effective Indemnification Provisions (w/Examples)
- Sophisticated Drafting Tips
- High-Level Review Techniques
- Top Mistakes Made by Attorneys During Negotiations
- Availability of Recovery Under Common Law Indemnity and Contribution Theories
- How to Strategically Negotiate Liability Limitation Provisions
- Statutory and Public Policy Constraints to Indemnity and Risk Allocation
- Insurance Clauses That Work
- Case Law Review and Real-World Examples
-
Evading Enforceability Issues and Effectively Negotiating Conditions
- Negotiating Conditions That Trigger Liquidated Damage Clauses
- Representations and Warranties: Traps for the Unwary
- Advanced Drafting Secrets to Ensure Enforceability
- Boilerplate Integration Clause Examination
- Severability Clauses - Pitfalls to Avoid
- Real-Life Examples of Confidentiality Clauses
- Top Mistakes Made in Non-Compete Clauses
- Use of Set Liquidated Damages to Deter Breach of Non-Compete
- Intangible Asset and Intellectual Property Problems
- How Context Affects a Court's View of the Covenant
- Case Law Review
-
Ethics for the Contract Attorney
- Attorney Fees
- Due Diligence
- Using Boilerplate Provisions
- Role of Lawyers in Negotiations
- Amendments and Waivers on Behalf of Your Client
Who Should Attend
This program is designed for attorneys who are looking to take their contract drafting, reviewing and negotiating skills to the next level. Accountants and paralegals may also benefit.
Speakers
Speaker bio
James F. Freeman, III
is an attorney with Swanson Bernard, LLC where he practices in the areas of construction, land use, church, commercial litigation, business, contract, employment, probate litigation, appellate practice, transportation and corporate law. He is admitted to practice in Kansas and Missouri, and before the U.S. Supreme Court, U.S. Court of Claims, U.S. Court of Appeals for the Eighth and Tenth circuits, and the U.S. District Court for the districts of Kansas and Missouri. Mr. Freeman is a member of the Kansas City Metropolitan, Kansas and American bar associations, as well as The Missouri Bar. He earned his B.A. and J.D. degrees from the University of Missouri at Kansas City. Served as the Mayor pro of the 5th largest city in his state and served on the board of directors for his state's municipal league.
Speaker bio
James A. Hochman
is a partner with the Chicago firm of Schain Banks Kenny & Schwartz, Ltd., where he represents commercial real estate brokerage firms, landlords, tenants, and commercial real estate investors, assisting in all phases of commercial and residential real estate. Mr. Hochman is a frequent speaker on real estate broker-related legal issues for state and local estate organizations. He co-wrote and sponsored the Illinois Commercial Real Estate Broker Lien Act; and through his drafting and lobbying efforts, several other states have adopted similar statutes. Mr. Hochman is also active in support of license portability legislation for commercial real estate brokers, and is the architect and drafter of statutes in several estates on that issue as well. He is a frequent speaker for National Business Institute on real estate topics, and he recently completed the chapter on real estate brokerage law for the Illinois Institute of Continuing Education (IICLE), soon to be published. Mr. Hochman also teaches a course on commercial leases for the Society of Industrial and Office Brokers (SIOR), and writes a quarterly column for SIOR called "Plain Speaking from a Lawyer." He earned his A.B. degree from Brown University and his J.D. degree from Boston University School of Law.
Speaker bio
S. Leigh King
, J.D., LL.M., earned her J.D. degree in May 2002 from Texas Wesleyan University School of Law (now Texas A&M University School of Law), where she was a senior editor on the Law Review. During that tenure, Ms. King was a judicial intern at both the federal and state appellate courts in Fort Worth, Texas. She earned her LL.M. degree in intellectual property law from Southern Methodist University in May 2009. Currently, Ms. King practices civil trial law including breach of contract cases, consumer rights, deceptive trade practices, consumer law, family law, and estate planning, She is a former auxiallary professor at Lyon College, a former professor at Emory & Henry College, and a former professor at Concordia University of Texas. Ms. King is the author of three law review articles. Her first law review article titled "While You Were Sleeping," 11 SMU Sci. & Tech. L. Rev. 291 (2008), has been incorporated in its entirety in the casebook "Cyber Crime and Digital Evidence Materials and Cases" by Prof. Thomas K. Clancy at the National Center for Justice and the Rule of Law located at the University of Mississippi School of Law. Ms. King is the author of "Abandonment: How the Texas Legislature and Family Court System Fail to Meet the Needs of Texas Children," 51 S. Tex. L. Rev. 75 (2009); and "Failure to Launch: How the Delinquent Politics and Policies of the Texas Legislature Have Failed to Remedy Texas' Antiquated Judicial System and How Voters Have Accepted the Status Quo for Far Too Long," 16 Tex. Wesleyan L. Rev. 369 (2010). Prior to entering law school, she was the senior paralegal for a boutique law firm in Fort Worth, Texas. Currently, Ms. King practices law in central Texas and is an active mentor for Southern Methodist University law students.
Speaker bio
George J. Spathis
is a partner at Levenfeld Pearlstein, LLC, in Chicago. A seasoned trial lawyer, he has more than 25 years of experience representing clients in a broad array of commercial disputes throughout the country, concentrating in matters involving contracts, corporate/partnership ownership and governance, trade regulation and unfair competition, supply/distribution chain disputes, and bankruptcy/creditors’ rights. Mr. Spathis also serves as outside general counsel to a number of companies, closely-held entities, and entrepreneurs, working closely with his clients on protecting their business assets, managing their business risks, and solving their business problems. He is a member of the American Bankruptcy Institute, American Bar Association and Chicago Bar Association. He is a graduate of the University of Illinois and earned his law degree from IIT Chicago-Kent-College of Law, where he graduated with high honors and Order of the Coif.
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