Business & Securities Law

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Top 10 Mistakes in Business Contracts

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
CPE for Accountants/NASBA Approved 7 Total
Live Online
6 hours
Jennifer Precise
Milton Thompson
Usman Mohammad
James Freeman
Gosia Bochenek
Michael Gorby
With Jennifer S. Precise from Jennifer Precise, Corporate Counsel + 5 others

Wed, Dec 30, 00:00 AM – 00:00 PM

Product ID 102729

Register For Course

Course Includes
$449

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

Indemnification, Liquidated Damages, Reps and Warranties, NDAs, Non-Competes, and More!

Managing risk is an everyday reality for transactional attorneys, but you can't afford to let your drafting mistakes expose the client to costly disputes. This course focuses on all the wrong ways to draft dangerous provisions in common business contracts, so that you can avoid these traps the next time they come up in your practice. Get practical strategies for reducing drafting errors in your business agreements - register today!

  • Avoid common pitfalls involving e-contracts and digital signatures.
  • Dive deep into indemnification, limitation of liability, and liquidated damage mistakes.
  • Learn what you need to watch out for when incorporating insurance into your risk management strategy.
  • Draft better NDAs and non-competes - get strategies for deterring breach and ensuring enforceability.
  • Explore drafting techniques for reps and warranties - good, bad, and ugly!
  • Learn what you should - and shouldn't - do when a deal goes south.
  • Overcome common challenges in contractual negotiations.
  • Identify and avoid errors that frequently arise in preliminary sections of business agreements.

Abbreviated Agenda

  1. Negotiation Strategies and Agreement Review
  2. E-Contracts and E-Signatures - Avoiding Common Perils
  3. Preliminary Contractual Concerns
  4. Indemnification and Liquidated Damages
  5. Limitation of Liability and Insurance Landmines
  6. Confidentiality, Non-Solicitation, and Non-Compete Agreements
  7. Overcoming Price and Payment Challenges
  8. Reps and Warranties: Traps for the Unwary
  9. Top 10 Do's and Don'ts When Deals Go South
  10. Ethics for the Transactional Attorney

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Product ID 102729

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
CPE for Accountants/NASBA Approved 7 Total
Select Jurisdiction
CLE
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Agenda

All times are shown in
  1. Negotiation Strategies and Agreement Review

    1. Framing the Negotiation Process
    2. Preparing and Using Term Sheets Effectively
    3. Identifying and Curing Ambiguities and Inconsistencies
    4. Pushing Through Negotiation Stall-Outs
    5. Multi-Party Negotiation Strategies
  2. E-Contracts and E-Signatures - Avoiding Common Perils

  3. Preliminary Contractual Concerns

    1. Avoiding Common Mistakes in Recitals and Preambles
    2. Choice of Forum and Law
    3. Allocating Overall Risk
    4. Dispute Resolution Provisions
  4. Indemnification and Liquidated Damages

    1. Enforceability Red Flags and Jurisdictional Concerns
    2. Indemnification Scope, Trigger, and Duration
    3. Liability Caps and Limiting Sources
    4. Avoiding Common Mistakes and Costly Surprises
    5. Top Tips for the Drafter
  5. Limitation of Liability and Insurance Landmines

    1. Tactics for Negotiating Limitation of Liability Provisions
    2. Exclusions, Carve-Outs, and Caps
    3. Insurance and Indemnification Best Practices
    4. Case Law, Trends, and Real-Life Examples
  6. Confidentiality, Non-Solicitation, and Non-Compete Agreements

    1. Enforceability Tips and Traps - What Courts Look for
    2. Go-To Strategies and Sample Provisions
    3. Negotiating Non-Disclosure/Confidentiality Clauses
    4. Using Liquidated Damages to Deter Breach
    5. Intangible Asset and Intellectual Property Problems
    6. Non-Competes Gone Wrong (w/Examples)
  7. Overcoming Price and Payment Challenges

    1. Price Adjustment Negotiation Tips
    2. Tax Considerations and Allocation Issues
    3. Payment by Stock or Promissory Note
    4. Case Law, Trends, and Real-Life Examples
  8. Reps and Warranties: Traps for the Unwary

    1. The Good, Bad, and Ugly
    2. Wording Tips for Qualifiers and Assurances
    3. Thorny Issues Related to Remedies and Breach
    4. Case Law Review and Trends
  9. Top 10 Do's and Don'ts When Deals Go South

  10. Ethics for the Transactional Attorney

    1. Boilerplate Provisions
    2. Clients That Don't Read the Document(s)
    3. Using Attachments and Modifiers to Increase Clarity
    4. Exception and Subordination Clauses
    5. Role of Lawyers in Negotiations
    6. Amendments and Waivers on Behalf of Your Client

Who Should Attend

This program is designed for attorneys. Accountants and paralegals may also benefit.

Speakers

Jennifer S Precise
Jennifer S.
Precise
Jennifer Precise, Corporate Counsel
Milton O Thompson
Milton O.
Thompson
Bleeke Dillon Crandall
Usman Mohammad
Usman
Mohammad
Kostelanetz LLP
James F Freeman III
James F.
Freeman, III
Swanson Bernard, LLC
Gosia J Bochenek
Gosia J.
Bochenek
Accord Law, PLLC
Michael J Gorby
Michael J.
Gorby
Gorby Peters Law
Speaker bio
Jennifer S Precise

Jennifer S. Precise

Jennifer Precise, Corporate Counsel
Jennifer Precise

is a corporate attorney whose practice centers around information technology contracts and includes reviewing, drafting, and negotiating complex legal agreements for AI, SaaS, and other technology-related products and services used in commercial operations. She served for fifteen years as in-house counsel at a Fortune 500 financial institution and a top 200 largest private company in America, following eight years of practice in law firms. Ms. Precise earned her bachelor's degree from Birmingham-Southern College and her J.D. degree from the University of Alabama School of Law. She has extensive experience training legal professionals on a variety of topics including legal ethics, evidence, expert testimony, digital legal research, and drafting and negotiating business contracts. Ms. Precise is currently a member in good standing of the Alabama State Bar.

 

Speaker bio
Milton O Thompson

Milton O. Thompson

Bleeke Dillon Crandall
Milton Thompson

is an attorney and of counsel with the law firm of Bleeke Dillon Crandall. He is most recognized for sports and entertainment law, but he also focuses in business law and consulting for entrepreneurs and non-profits, small business financing, and MBE and WBE certification. Mr. Thompson graduated from Wittenberg University with a B.A. degree and from Indiana University Maurer School of Law - Bloomington. He served as the president and CEO of Grand Slam, a sports, entertainment, and recreation management consulting firm. Mr. Thompson was also co-founder of Play Ball Indiana which is now called Indy RBI (Program of Major League Baseball), a former certified Contract Advisor with the NFL and NBA Players Association, and a board member of the Indianapolis Indians Baseball Club. He hosted the weekly radio show "Playing for Keeps" which is now a television show where he interviews the nation's top sports celebrities. ell-known for his work in community development, sports and recreation-planning, and in building community collaborations through effective partnerships, Mr. Thompson served as president and interim director of Big Brothers while merging with Big Sisters to create Big Brothers and Big Sisters of Central Indiana. He also played a key role in negotiating the merger between the Legacy Fund and the Indianapolis Foundation in 1997 to develop the Central Indiana Community Foundation of which he was the inaugural chair. That organization now has accumulated assets of more than one billion dollars. Now, Mr. Thompson serves as the Indianapolis Foundation's appointment to the Impact Board of Directors as well as the Women's Fund Advisory Board. He has served on the Indianapolis Bond Bank and then on to the Capital Improvement Board. Mr. Thompson served as a board member of Visit Indy and it's Tourism of Tomorrow Board of Directors. He is currently the chairman of board for the Indianapolis English Foundation and has also been named as Chairman for the Crown Hill Board of Managers. Furthermore, Mr. Thompson is currently chairman of the board for the Indiana State Gaming Commission. In addition, he serves on the faculty for the National Business Institute. Mr. Thompson's commitment to the community is attested by his many civic involvements including serving as chair of the Indianapolis Foundation and as the chairman of the Indiana University Maurer School of Law Board of Visitors as well as President of its Alumni Association. In addition, he was the former General Counsel and Vice President of Corporate Development for the Pan American Games. Mr. Thompson also held the position of Vice President of Indiana Sports Corporation where he led the effort for an Olympic training center. A former First Team All-American baseball player at his college alma mater, he has been a member of the college's Wittenberg Board of Trustees and is now an emeritus director. A former Marion County Deputy Prosecuting Attorney, Mr. Thompson's honors include the 2004 Business & Philanthropy Award from the National Center for Black Philanthropy in Washington, D.C. and was included on the Indiana Super Lawyers list in the Indianapolis Monthly Magazine. In 1997, he received his law school's distinguished service award. Mr. Thompson was inducted in 2007 to the most prestigious honor the law school offers as a member of the Academy of Law Alumni Fellows. He was also given the Phi Kappa Psi National Service Award for his unparalleled leadership to our nation. Most recently, Mr. Thompson was awarded the prestigious Whistler Award and a national service award for his outstanding civic achievements for the city of Indianapolis in 2020.

Speaker bio
Usman Mohammad

Usman Mohammad

Kostelanetz LLP
Usman Mohammad

is counsel at the New York City office of Kostelanetz LLP. His practice includes New York City and state government procurement matters, civil and criminal tax controversies including tax whistleblower matters, and commercial litigation. Mr. Mohammad has litigated cases in a variety of forums, including New York State Court, federal district courts, U.S. Tax Court and AAA and private party arbitrations. He has extensive experience with government procurement award protests, Article 78 proceedings involving procurement matters, foreign asset reporting issues, IRS responsible person and trust fund recovery penalty matters, IRS whistleblower matters, and IRS collection cases. Mr. Mohammad earned his B.A. degree from the University of North Carolina at Chapel Hill in 1995, and graduated cum laude and Order of the Coif (top 10 percent) from the University of Michigan Law School in 1998. He was the associate editor of the Michigan Law Review from 1996 to 1997, and an executive editor from 1997 to 1998. Mr. Mohammad joined Kostelanetz LLP in 2000.

Speaker bio
James F Freeman III

James F. Freeman, III

Swanson Bernard, LLC
James Freeman

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. Mr. Freeman served as the Mayor pro of the fifth largest city in his state and served on the board of directors for his state's municipal league.

Speaker bio
Gosia J Bochenek

Gosia J. Bochenek

Accord Law, PLLC
Gosia Bochenek

is an attorney with Accord Law, PLLC. She focuses her practice on business and contract matters, and commercial transactions. Ms. Bochenek counsels business owners with respect to legal issues facing the business, including the formation and structuring of business entities, preparation of key operational contracts, risk management, corporate compliance, financial transactions, and mergers and acquisitions. She assists clients with developing operating, shareholder's and buy-sell agreements to achieve business planning purposes and asset protection, and advises on business succession techniques including direct gifts, use of trusts, stock redemptions, cross-purchases and recapitalizations. Ms. Bochenek works collaboratively with trust and estate attorneys in the firm to fully meet client needs and develop a comprehensive succession plan, which balances financial and tax implications with client's family and business objectives. She handles a wide range of contract matters. Ms. Bochenek's breadth of experience includes negotiating and drafting service agreements, vendor agreements, teaming and strategic alliance agreements, consulting agreements, financing arrangements and other commercial contracts. She frequently works with clients to protect critical business information and relationships from misappropriation by third parties and former employees. Ms. Bochenek provides counsel regarding limitation of liability, indemnification, privacy law compliance, trade secret and information security policies, copyright and trademark protection, and brand building strategies. In addition to her business practice, she also assists with the preparation and negotiation of commercial leases and transfers of real estate into trusts and operating business entities. Ms. Bochenek worked extensively in the intellectual property area on trademark and copyright registrations, licensing arrangements, and offered pro bono legal assistance to artists and art organizations. She earned her J.D. degree from the University of Connecticut School of Law and her LL.M. degree from the University of Wroclaw, Poland. Ms. Bochenek serves on the board of National Association of Women Business Owners and is active in the business community. She is presently admitted to practice in Virginia,  Connecticut and District of Columbia.

Speaker bio
Michael J Gorby

Michael J. Gorby

Gorby Peters Law
Michael Gorby

is a founder and partner with Gorby Peters Law. He is a nationally recognized leader in complex corporate disputes, professional negligence cases, and liability issues that arise for property owners and managers, such as hotel chains, restaurants, shopping centers, apartment complexes, office buildings and other public venues. Since 1998, Mr. Gorby has served as the program chair for the Institute of Continuing Legal Education in Georgia (an affiliate of the University of Georgia), on the topic of premises liability. He is also the author of a popular legal treatise, Premises Liability in Georgia, which is published by Thomson Reuters/West, and which is now in its third edition. Mr. Gorby serves as an instructor/lecturer for Georgia Tech Procurement Assistance Center (GTPAC) in the area of procuring government contracts, and is also a registered mediator. He earned his B.A. degree from Georgia State University and his J.D. degree from the University of Georgia School of Law.

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