- videocam Live Webinar with Live Q&A
- calendar_month October 20, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Contracts
- schedule 90 minutes
Drafting Commercial Contracts: Lessons From Recent Appellate Decisions
Avoiding Drafting Pitfalls in Indemnification, Liability Limits, Termination, Remedies, and Dispute Resolution
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About the Course
Introduction
This CLE webinar will explore recent appellate decisions containing lessons on drafting commercial contracts to avoid unintended results, ambiguity, or litigation.
Description
Agreements can unexpectedly fail to establish the parties' intended rights, remedies, and allocation of risk, resulting in costly litigation and appeals. Recent case decisions can offer practical lessons for transactional counsel tasked with drafting provisions concerning indemnification, limitations of liability, exclusive remedies, termination, renewal, forum selection, arbitration, and relationship and position to other agreements.
Listen as our authoritative panel discusses recent appellate decisions across multiple industries and provides updated insights for drafting commercial agreements.
Presented By
Mr. Kosek is a shareholder in Anderson Kill's New York office and a member of the firm's Construction, Insurance Recovery, and Commercial Litigation practices. He co-chairs the firm's Data Center Practice Group and Energy & Renewables Industry Group. Mr. Kosek is the go-to litigation counsel for high-stakes construction disputes. His command of construction law, industry practice, and courtroom procedure allows him to handle complex matters with the depth that bet-the-project litigation demands. Mr. Kosek serves as outside general counsel to a variety of construction industry companies, guiding clients through every phase of a project's lifecycle, from initial contract drafting and negotiation through payment disputes, delay claims, and defect litigation arising after completion. His clients include owners, developers, general contractors, subcontractors, suppliers, and materialmen, and he brings the same hands-on approach whether the matter calls for transactional counsel or aggressive litigation.
Mr. Lazere is a shareholder in Anderson Kill’s New York office and also serves as the firm's Deputy General Counsel. He focuses his practice on Corporate and Commercial Litigation at the trial and appellate levels in state and federal court. Mr. Lazere represents clients in sophisticated commercial and business litigations involving business torts, fraud, breach of contract, corporate and partnership disputes and debtor and creditor rights. His extensive litigation experience encompasses business arenas including real estate, construction, aviation, hospitality, maritime, media, technology, finance and insurance.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, October 20, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Contract hierarchy, amendments, and related agreements
II. Indemnification and third-party claim procedures
III. Liability limitations, damages, and exclusive remedies
IV. Termination, renewal, and notice
V. Governing law, forum selection, and arbitration
The panel will review these and other key issues:
- Avoiding conflicts among provisions in related agreements, amendments, and other contractual documents
- Clarifying the scope of indemnification, liability limitations, and exclusive remedies
- Structuring termination, renewal, and notice provisions to avoid unintended outcomes
- Governing law, forum selection, and arbitration: Coordinating provisions to create a clear dispute resolution framework
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
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Drafting Commercial Contracts: Lessons From Recent Appellate Decisions
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