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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 one-day, 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.
- 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.
- Hear real-world examples and personal war stories regarding liability limiting provisions.
- Use set liquidated damages to deter breach of non-compete.
- See the far-reaching consequences of insurance provisions gone wrong.
- Learn how to ferret out all possible issues at the contract review stage with advanced technique.
- Acquire advanced language methods for drafting enforceable, airtight confidentiality and non-compete clauses.
Abbreviated Agenda
- Tips for Handling Complicated E-Contracting, E-Signatures, and E-mail Issues (With Real-World Examples)
- 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
- Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
- Complex Contract Dispute Issues and Remedies
Credit Details
Credits Available
There is no credit available on this course.
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Agenda
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Tips for Handling Complicated E-Contracting, E-Signatures, and E-mail Issues (With Real-World Examples)
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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 (With 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
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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
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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
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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
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Complex Contract Dispute Issues and Remedies
- Advanced Drafting Techniques of Arbitration Clauses
- Picking Your Battles: Claims Between Owners vs. Designers, vs. General Contractors, Subcontractors, and Suppliers
- Advanced Remedies for Breach
- Large Multiparty Contract Dispute Do's and Don'ts
- Who's Responsible? Recent Case Law and Current Trends
Who Should Attend
This advanced level online seminar is designed for those attorneys who are looking to take their contract drafting, reviewing, and negotiating skills to the next level. The following business professionals may benefit attorneys, contractors and subcontractors, insurance professionals, accountants, real estate agents and brokers and paralegals.
Speakers
Speaker bio
Norman R. Newman
is senior counsel in the Indianapolis office of Taft Stettinius & Hollister LLP, practicing within the firm's real estate practice group. He is a fellow of the American College of Real Estate Lawyers. Mr. Newman earned his J.D. degree, with distinction, from the Indiana University McKinney School of Law and is now an adjunct professor there.
Speaker bio
Bryan S. Redding
is the founder of Redding Law, LLC, where he focuses his practice in business creation, succession, protection, sales and purchases, as well as intellectual property including trade-secret, trademark, copyright, patent, commercial and residential real estate, and commercial litigation. Mr. Redding combines his varied experience and knowledge with cutting-edge technology to create innovative legal solutions. In addition to his legal activities, he serves as an adjunct professor regarding intellectual property and ethics at Indiana University. Mr. Redding is a member of the Indiana State Bar Association and American Bar Association. He earned his B.S.M.E. degree from Purdue University and his J.D. degree from Indiana University Robert H. McKinney School of Law.
Speaker bio
Patrick Sullivan
is president and founder of the Law Office of Patrick Sullivan, P.C. His family has been practicing law in Indiana for over 100 years. As a fourth-generation attorney, Mr. Sullivan has had direct exposure to the evolution of the practice of law and to the legal institutions in Indiana. His practice areas include business planning, charitable giving, estate planning, litigation, probate, tax planning and family law. Mr. Sullivan graduated from Georgetown University with a Bachelor's of Science degree in finance and international business. He then obtained his juris doctorate from Indiana University's Robert H. McKinney School of Law. In addition to being an attorney, Mr. Sullivan is a Certified Financial Planning (CfP®) practitioner, Chartered Benefits Consultant (CBC), Professional Plan Consultant (PPC), and licensed insurance agent for life, health and long-term care. He has also served in various leadership capacities, including serving as president of Foundational Insurance Advisors, LLC. Mr. Sullivan also serves on the Echelon Board of the Salvation Army. He writes on legal and business matters, and has been both featured and quoted in the Indiana Lawyer. Mr. Sullivan is licensed to practice law in Indiana.
Speaker bio
Zechariah D. Yoder
is an attorney with Adler Attorneys, where he focuses in the areas of appellate law; probate and estate administration; state, local and municipal law; real estate law; and eminent domain and condemnation. Mr. Yoder earned his J.D. degree, magna cum laude, from Widener University in the top 10% of his class.
Speaker bio
Candace D. Armstrong
is the owner of Armstrong Law Offices LLC in Brook, Indiana. She is admitted to practice in Illinois and Indiana. Ms. Armstrong provides corporate legal experience to small to mid-sized businesses, including emerging companies. This representation includes corporate governance, entity formation, regulatory advice, mergers and acquisitions, and other corporate matters. She combines her legal education and corporate legal work with a history of small business involvement and ownership. Ms. Armstrong is an active member of the Indiana State Bar Association. She earned her B.A. degree from The Ohio State University and her J.D. degree, magna cum laude, from Valparaiso University School of Law.
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