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Overview
Never Look at a 40-Page Contract and Feel Overwhelmed Again
This intensive one-day course covers the foundational pillars of contract law, from the initial "meeting of the minds" to the resolution of disputes. We will explore the mechanics of formation, the nuances of drafting boilerplate clauses that actually protect your client, and the strategic considerations of remedies when a deal goes south. The day concludes with a mandatory hour of legal ethics focused on the unique challenges of multi-party negotiations and professional responsibility in drafting. Register today!
- Identify the critical elements of a binding agreement.
- Deconstruct standard boilerplate clauses and prevent their hidden risks.
- Evaluate various breach scenarios and identify effective legal remedies.
- Navigate ethical dilemmas inherent in contract negotiations.
Abbreviated Agenda
- Contract Formation Basics in the Digital Age
- Drafting: The Anatomy of a Contract
- The Statute of Frauds and Capacity
- Contract Interpretation and the Parol Evidence Rule
- Breach, Excuse, and Remedies
- Legal Ethics in Contract Negotiations
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 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 |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky 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 |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
6 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Agenda
-
Contract Formation Basics in the Digital Age
- Offer and Acceptance
- The Battle of the Forms Under the UCC vs. Common Law
- Consideration: Identifying "Illusory" Promises
-
Drafting: The Anatomy of a Contract
- Representations vs. Warranties: Why the Distinction Matters
- Covenants, Conditions, and "Best Efforts" Clauses
- Effective Use of Indemnification and Limitation of Liability
-
The Statute of Frauds and Capacity
- When a Writing Is Non-Negotiable
- Electronic Signatures and the UETA/E-SIGN Act
- Issues of Authority: What Is Actually Authorized to Bind the Entity?
- Parent Authority
-
Contract Interpretation and the Parol Evidence Rule
- How Courts Resolve Ambiguity
- Integration Clauses: Keeping Outside "Promises" Outside the Courtroom
- Course of Dealing and Usage of Trade
-
Breach, Excuse, and Remedies
- Material vs. Minor Breach: When Can Your Client Stop Performing?
- Impossibility, Impracticability, and Force Majeure
- Calculating Damages: Expectation, Reliance, and Liquidated Damages
-
Legal Ethics in Contract Negotiations
- Candor Toward the Tribunal and Honesty With Third Parties
- The "Scrivener's Error:" Ethical Duties When You Spot a Mistake in Opponent's Draft
- Conflicts of Interest in Multi-Party Transactions
- Confidentiality vs. Mandatory Disclosures
Who Should Attend
This legal course is designed for attorneys. Paralegals may also benefit.
Speakers
Speaker bio
Kevin M. Madden
is the founding member of the Law Offices of Kevin Michael Madden, P.L.L.C., where he practices in the areas of civil trial practice, commercial litigation, business litigation, construction law and employment law. He is admitted to practice in Texas and before the U.S. District Court, Southern and Eastern districts of Texas. Mr. Madden was the articles editor for the Houston Journal of International Law. He was the judicial intern to the Honorable David Hittner, U.S. District Court for the Southern District of Texas; and a law clerk to the Honorable Joseph James "Tad" Halbach, Jr., 333rd District Court, Harris County, Texas. Mr. Madden is a member of the Houston Bar Association, State Bar of Texas, Texas Young Lawyers Association, Texas Trial Lawyers Association, Association of Trial Lawyers of America and Trial Lawyers for Public Justice. He earned his B.A. degree from the University of Colorado at Boulder, his B.S. degree from the University of Houston and his J.D. degree from the University of Houston Law Center.
Speaker bio
William A. McComas
is a partner at the Maryland law firm of Jensen & McComas, LLC. He concentrates on assisting entrepreneurs, investors and companies of all sizes in acquiring, financing, commercializing and protection emerging technology. Mr. McComas represents companies on complex business transactions, including mergers, acquisition, strategic alliances, financings, venture-capital investments, management and disposition of emerging technology, and general corporate matters. He earned his B.A. degree from Brown University and his J.D. degree, cum laude, from the University of Baltimore School of Law. Mr. McComas is a speaker and panelist at many forums for business, technology and industry professionals and has written and testified extensively on policies and business involving the convergence of technology, business and law. He is a frequent business and technology law columnist for publications such as the Legal Times, National Law Journal, Baltimore Business Journal, The Daily Record and Washington Business Journal, among others.
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.
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