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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Thursday, August 18, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide guidance and best practices to transactional attorneys from a litigation perspective that assists contract attorneys in spotting the common traps, critical clauses, and most significant landmines that lead to defense or offense issues when presented in court. The expert panel will introduce tips for addressing these problem areas and creating the best defense or offense for a client's contracts.

Faculty

Harsh Arora
Partner
Nelson Mullins Riley & Scarborough LLP

Mr. Arora concentrates in the areas of domestic and international corporate transactions and related business dispute resolution. He counsels public and privately held companies as a boardroom advisor and a courtroom advocate in high-stakes corporate matters. Mr. Arora serves as general counsel for businesses with a prominent national or international presence. His general counsel practice focuses on preventative counseling and business structuring. Mr. Arora advises clients on mergers, acquisitions, conversions, and domestications. He has handled a wide range of business closings, negotiations, trademark registrations, corporate governance, industry-focused due diligence for regulatory aspects of proposed deals, and business tax matters in connection with audits by tax authorities. Mr. Arora also assists clients with dispute resolution relating to corporate transactions through business litigation, arbitrations, and mediations. He handles complex cases such as parallel civil and administrative proceedings, multidistrict actions, and bet-the-company litigation.

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Andrew B. Fromm
Partner
Brooks Wilkins Sharkey & Turco, PLLC

Mr. Fromm specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues. He has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. Mr. Fromm also has extensive experience in representing multiple Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, and indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies.

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Description

The divide between transactional attorneys that negotiate and draft agreements and litigation counsel that seeks to enforce those same contracts (or defend against improper enforcement) has always been a false narrative. Thoughtful practitioners drafting an agreement can and should consider the elements of prosecuting or defending a claim when drafting each clause.

With a willingness to keep an open mind and a chance to take a different view on contract drafting, our expert panel of litigators will provide tips and recommendations for contract drafting for the other side of the legal house. Counselors can prepare to create better arrangements by understanding that limited and straightforward language may best suit a particular purpose and that the client itself may provide the best description of what the agreement seeks to achieve.

Litigators also can advise on issues that may cost clients money when agreements move to the courts. Transactional counsel can limit the potential scope by knowing how to advise clients and amend clauses related to force majeure, forum selection, choice of law, arbitration, waiver of jury trials, fee-shifting, and indemnification and limitation of liability of litigation.

Listen as our authoritative panel provides practical tips and real life examples of simplifying contracts to meet clients' needs while providing a solid foundation to litigate upon if and when the need arises.

Outline

  1. Typical provisions with litigation issues
    1. Force majeure
    2. Choice of forum and choice of law provisions
    3. Arbitration
    4. Waiver of jury trials
    5. Fee shifting
    6. Indemnity and limitation of liability
  2. Practical tips and best practices

Benefits

The panel will review these and other key issues:

  • When should a contract be simplified?
  • How can counsel coordinate with a client to clarify an agreement?
  • What types of provisions trip up litigators most often in court?