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Overview
Practical Guidance and Seasoned Attorney Insights
Get answers to essential questions about handling legal disputes in the business world! This course covers the fundamental principles of business litigation, including breach of contract, warranties, fraud, non-competes, partnership disputes, and more. Designed for beginners, this course breaks down complex legal concepts into easy-to-digest content. You'll explore practical scenarios and foundational case law examples, equipping you with the knowledge and skills needed to confidently navigate business disputes. Whether you're new to the field or looking to solidify your understanding of business litigation, this course is the perfect starting point. Don't miss this opportunity - register today!
- Identify the key elements of a breach of contract and its impact on the contract's enforceability.
- Distinguish between express and implied warranties and recognize situations in which they may be breached.
- Define fraud in a business context and identify common forms of fraudulent conduct.
- Discuss the enforceability of non-compete and non-disclosure agreements.
- Grasp the basics of collections in the context of business litigation, including fee collection and the use of UCC liens.
This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Julie Globus.
Abbreviated Agenda
- Representation Generally
- Breach of Contract
- Breach of Warranties and Implied Warranties
- Business Fraud or Allegations of Business Fraud
- Non-Compete Agreements
- Confidentiality and Non-Disclosure Agreements
- Collections Issues
- Partnership Disputes
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
6 Total | 04-10-2026 |
| Arizona CLE |
|
6 Total | 04-10-2026 |
| California CLE |
|
6 Total | 04-10-2026 |
| Colorado CLE |
|
7 Total | 12-31-2026 |
| Connecticut CLE |
|
6 Total | 04-10-2026 |
| Delaware CLE |
|
6 Total | 04-10-2026 |
| Georgia CLE |
|
6 Total | 12-31-2025 |
| Hawaii CLE |
|
6 Total | 04-10-2026 |
| Idaho CLE |
|
6 Total | 04-10-2029 |
| Illinois CLE |
|
6 Total | 04-09-2026 |
| Maine CLE |
|
6 Total | 04-09-2026 |
| Minnesota CLE |
|
6 Total | 04-10-2026 |
| Missouri CLE |
|
6 Total | 04-10-2026 |
| Northern Mariana Islands CLE |
|
6 Total | 04-10-2026 |
| Montana CLE |
|
6 Total | 04-10-2027 |
| North Carolina CLE |
|
6 Total | 02-28-2026 |
| North Dakota CLE |
|
6 Total | 04-10-2027 |
| Nebraska CLE |
|
6 Total | 04-10-2026 |
| New Hampshire CLE |
|
6 Total | 04-10-2027 |
| New Mexico CLE |
|
6 Total | 04-10-2026 |
| Nevada CLE |
|
6 Total | 04-10-2027 |
| New York CLE |
|
7 Total | 04-10-2027 |
| Oklahoma CLE |
|
7 Total | 04-10-2026 |
| Oregon CLE |
|
6 Total | 04-10-2027 |
| Pennsylvania CLE |
|
6 Total | 04-10-2026 |
| Vermont CLE |
|
6 Total | 04-10-2026 |
| Washington CLE |
|
6 Total | 04-09-2029 |
| Wisconsin CLE |
|
7 Total | 12-31-2025 |
| West Virginia CLE |
|
7.2 Total | 04-10-2026 |
Select Jurisdiction
CLE
Agenda
-
Representation Generally
- Who is the Client?
- If More Than One Party, Can a Waiver be Obtained?
- If the Breaching Party, Was There an Actual Breach?
- If so, is the Breach Defensible?
- If the Non-Breaching Party, Does the Breach Tank the Entire Deal?
- What is the Measure of Damages?
- Are There Third-Party Damages?
- Were There Indemnification Provisions?
-
Breach of Contract
- Jurisdiction and Venue of the Contract
- What was Allegedly Breached?
- Four Corners of the Agreement
- Parole Evidence Rule
- Was There a Meeting of the Minds?
- Is There a Claim of Duress?
- Is There a Liquidated Damages Clause Based Upon the Allegations?
- Does the Claim Tank the Entire Contract or Only Provisions of the Contract?
- Are There Indemnities?
- What are the Damages Alleged?
- Case Law With Examples
-
Breach of Warranties and Implied Warranties
- What are the Representations, and was There a Corresponding Indemnification Provision?
- Is There a "Hold Harmless Indemnity?"
- What are the Allegations of Breach?
- Is the Claim Based Upon a Strict Provision of the UCC or is it Based Upon Common Law?
- Is There any Third-Party Liability?
- Case Law With Examples
- Representation and Warranty Insurance
-
Business Fraud or Allegations of Business Fraud
- What is Fraud?
- Fraud Representations
- Forged Checks
- Basis for Contract Alleged to be Fraudulent
- Fraudulent Valuations
- Inflated Estimates
- Lines of Credit Based Upon Fraudulent Representations
- Case Law With Examples
-
Non-Compete Agreements
- Is the Non-Compete Enforceable?
- Was the Non-Compete Drafted Limited Time and Scope?
- Are There Other Arguments to be Made in Jurisdictions Where Non-Competes are Unenforceable?
-
Confidentiality and Non-Disclosure Agreements
- Definitions - How is Confidentiality Defined?
- Non-Disclosure Agreement Information
- Are There "Trade Secrets," and What is the Context - Industry?
- Was the Disclosure Made Prior to the Alleged Breach?
- Liquidated Damages Clause
- Material Non-Public Information vs. Confidential Information
-
Collections Issues
- Basis for Collection Issues
- Fee Collection
- Confession of Judgment?
- Receivables Collections
- UCC Liens
- Agreements Backing Amount Owed
-
Partnership Disputes
- LLC/Inc./Partnership - What was the Entity?
- Partnership Agreement (Written or Oral)
- Operating Agreement
- Shareholders' Agreement
- Voting Rights Agreements
- Buy-out Provisions
- Good Faith and Fair Dealing
- Fiduciary Duty(ies)
- Business Judgment Rule
- Case Law With Examples
Who Should Attend
This legal course is designed for attorneys. It will also benefit paralegals.
Speakers
Speaker bio
John M. Samberg
is a partner with Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. He is admitted to practice in Nevada and California. Mr. Samberg is also a solicitor of the Bar of England and Wales (inactive). In nearly 40 years of civil practice, he has handled a broad variety of matters, including commercial, construction, bankruptcy litigation, real estate disputes, creditor's rights, and major injury/wrongful death cases in state, federal and bankruptcy courts across the country. From 1985 through 2007, Mr. Samberg was a founding member of a boutique civil trial practice in Southern California, handling commercial litigation and major injury/wrongful death cases across the nation. In 2007, he relocated to Reno to accept the position of vice president of contracts and compliance for a national construction staffing company. Mr. Samberg was responsible for negotiating and documenting major customer contracts, and for regulatory and trade license compliance. He also litigated credit and mechanic's lien cases, and managed outside counsel in numerous states. In 2009, Mr. Samberg returned to private practice and joined Wolf, Rifkin in 2013. He obtained his undergraduate degree from UCLA, and is a magna cum laude graduate of Southwestern University School of Law, where as a Dean's Scholar he earned numerous American Jurisprudence Awards, two national moot court championships for oral advocacy, and a national moot court championship for legal writing. Upon graduation from law school, Mr. Samberg was awarded membership in the National Chapter of the Order of Barristers, and was honored with the ABOTA Award for Excellence in Preparation for the Trial Practice of Law. Before entering the practice of law, Mr. Samberg worked for several years as a private investigator. That training and experience has proven to be invaluable in his practice.
Speaker bio
Peter M. Gannott
is the principal of the Louisville law firm of Gannott Law Group, PLLC. Since 1985, he has focused his practice in the areas of business and consumer bankruptcy, creditors' rights and commercial collections, complex commercial litigation, and real estate matters. Mr. Gannott works with clients on everything from the creation and dissolution of business entities, to representation of our business clients in business-to-business collections or large asset issues. He is a frequent lecturer on his areas of practice and has been an adjunct faculty member at the University of Louisville. Mr. Gannott is board-certified in business bankruptcy law by the American Board of Certification. He graduated, with honors, from the University of Illinois; and earned his J.D. degree from the Washington College of Law, American University.
Speaker bio
Stephen B. Stern
is a partner in the law firm of Kagan Stern Marinello & Beard, LLC, where he practices in the areas of employment law and commercial litigation. Mr. Stern conducts training seminars and has been retained to advise on and/or conduct highly sensitive and complex investigations. He has successfully represented clients in federal and state courts; and before federal, state, and local administrative agencies, including the EEOC, Department of Labor, and Department of Justice. He is admitted to practice in the courts of Maryland, Virginia, and the District of Columbia, as well as before the U.S. District Court for the District of Maryland, U.S. District Court for the Eastern District of Virginia, U.S. District Court for the District of Columbia, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the District of Columbia Circuit, U.S. Court of Appeals for the Third Circuit, and U.S. Court of Appeals for the Sixth Circuit. Mr. Stern graduated from Cornell University's School of Industrial and Labor Relations and earned his J.D. degree from George Washington University Law School.
Speaker bio
William J. Amann
is a partner with Amann Burnett, PLLC, where he concentrates his practice in the areas of bankruptcy, creditors' rights, commercial litigation, and real estate and commercial litigation. Mr. Amann regularly represents national and regional creditors in bankruptcy courts and the state courts in Massachusetts and New Hampshire. He has recently been admitted to the Southern District Federal Court for New York, representing a Massachusetts business in a contract dispute. Prior to joining the firm, he served as legal counsel to a Chapter 7 bankruptcy trustee for the District of New Hampshire. In addition, Mr. Amann has considerable experience in the areas of commercial turnarounds, debt restructuring, equitable subordination, debt recharacterization, asset sales, title insurance, real estate conveyancing, land use, receiverships, premises liability, employment law, evictions and probate administration. He served on the Board of Directors for the City of Manchester's Public Library Literacy Fund for two years, starting in 2009. Mr. Amann is an editor for the American Bankruptcy Institute and an annual editor for the New Hampshire Bar Association's Supreme Court At-a-Glance article series. He regularly speaks before professional and trade groups on the topics of bankruptcy, creditors' rights and real estate. Prior to practicing law, Mr. Amann was employed by Fidelity Investments as a trade resolution specialist and by Ford Motor Credit Company as an account executive and branch legal liaison. He is a former police officer. Mr. Amann earned his B.A. degree from Saint Anselm College and his J.D. degree from Massachusetts School of Law.
Speaker bio
Patrick T. Lorman
is an associate with Amann Burnett, PLLC, concentrating his practice on civil litigation and administrative law. He has represented clients in civil litigation throughout New Hampshire and before administrative agencies, including the Department of Safety, Department of Environmental Services and Department of Employment Security; as well as the Office of Professional Licensure and Certification (OPLC) and Board of Architects, Pharmacy and Nursing. In addition to his present concentration, Mr. Lorman has a background in landlord/tenant, probate law, criminal law and family law. He is a 2012 graduate of the State University of New York at Albany and a 2015 graduate of the University of New Hampshire School of Law.
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