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Manual
Audio & Reference Manual

Drafting Commercial Contracts to Best Position Your Client in the Event of Disputes

Draft commercial contract terms the right way to offer your client maximum benefits and liability protection.Too often provisions common to commercial contracts are cut and pasted from prior agreements or incorporated into drafts without sufficient attention to the details. Other provisions, such as efforts clauses, are heavily negotiated when the language actually has limited value in the event of a dispute. This panel discussion will emphasize the benefits of focusing on contractual terms which best position your client if and when problems arise, or things go wrong. The program is designed to provide practical tips as well as strategic approaches to drafting contracts.
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

This event will consist of a panel discussion among litigators and corporate transactional counsel addressing the following common provisions of commercial contracts. The theme to these provisions concerns risk allocation among contracting parties. The discussion will focus on how to draft these provisions in a manner which best protects your client in consideration of how these provisions are interpreted in litigation or arbitration when disputes arise:
— Edwin M. Baum, Brian Eiting and Alan Howard
  • Representations and Warranties
  • Efforts Clauses
  • Limitations of Liability/Indemnification
  • Force Majeure
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Edwin M. Baum

Edwin M. Baum

Perkins Coie LLP

  • Represents public and private companies in complex business litigation
  • Regularly defends corporations, directors and special committees in class and shareholder derivative actions involving securities laws, breach of fiduciary duty, governance disputes and merger and acquisition transactions
  • Provides strategic counsel on transactional matters and business planning, assessing potential liability and developing action plans to prevent or minimize litigation risks
  • Experience with lender liability matters, creditors’ rights issues and business torts, including securing a dismissal for an automotive client for an alleged $3 billion claim for tortious interference with economic expectancy
  • Provides well-rounded counsel to clients that span the financial services, pharmaceutical, information technology, automotive, transportation and industrial products industries
  • Well-versed in alternative dispute resolution proceedings, law firms and their leadership also seek Ed’s counsel in employment and disciplinary matters
Brian Eiting

Brian Eiting

Perkins Coie LLP

  • Partner in Perkins Coie LLP Mergers & Acquisitions practice, focuses on general corporate and transactional representation of private companies, public companies and private equity sponsors
  • Practice emphasizes a wide range of complex corporate transactions, including mergers and acquisitions, recapitalizations and restructurings, divestitures and carve-outs, private and growth equity investments, venture capital financings and joint ventures
  • Represented companies in a variety of industries, with an emphasis on technology, including clients such as Microsoft®, Rhapsody, Outerwall, Amazon.com, Expedia®, OmniVere®, Gimme Radio and Wirecard AG
Alan Howard

Alan Howard

Perkins Coie LLP

  • Represents clients in complex commercial disputes, cross-border litigation and international arbitration
  • Manages clients engaged in multiple proceedings in multiple jurisdictions, including companies involved in high stakes commercial contract disputes related to manufacturing, production and distribution of goods, technology and software issues, as well as domestic and global joint ventures
  • Defended companies and individual directors in shareholder class actions in state and federal courts, most recently in Delaware, California, New York and Georgia
  • Experience counseling financial institutions on anti-money laundering regulations and compliance
  • Experienced in arbitration proceedings under the rules of the American Arbitration Association, JAMS and the International Chamber of Commerce
  • International and domestic clients work in a range of industries, including financial services, transportation, manufacturing, agriculture, telecommunications, retail and consumer products
  • Maintaining a robust pro bono practice, Alan has been recognized by the American Bar Association, Public Justice, The American Lawyer and the Financial Times for his service as lead counsel in an action involving claims of forced labor, trafficking in forced labor, civil RICO, discrimination and fraud brought on behalf of hundreds of skilled workers from India
  • Worked on the prominent civil rights case involving the “Jena 6” in Louisiana
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406675
Published 2019
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