BarbriSFCourseDetails
  • videocam On-Demand
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Summary Judgment in Contract Cases: Strategy and Tactics for Movants and Respondents

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About the Course

Introduction

This CLE webinar will guide experienced counsel through advanced strategies and tactics for successfully avoiding, achieving, or resisting summary judgment in a contract dispute. The panel will discuss the rules of contract interpretation and real versus imagined ambiguity, when other evidence and parol evidence are admissible, what issues and arguments are most well received by a court, and how to make it easier for the court to decide the issue. The program will discuss strategies to use when the contract at issue is tailored to a transaction and when it is a template used by the client routinely, as well as the consequences of having a court definitively interpret the writing. For these reasons, this program will also assist corporate counsel who draft contracts.

Description

Contract disputes are ideally suited for summary judgment because the interpretation of the contract is a question of law for the court. When a written agreement is clear, complete, and unambiguous it will normally be enforced according to its meaning, but under some circumstances parol evidence may be admissible to help the court construe the contract.

Difficulties can arise when the parties' intent changes over time and when substitutions or adjustments must be made in performance. The attorney who drafted the contract may or may not be able to testify.

Summary judgment is often decided on briefs. Putting the right issues before the court in briefing and oral argument requires thought and planning.

Listen as this stellar panel shares what they have learned from litigating contract cases for decades.

Presented By

Anthony L. Cochran
Partner
Smith Gambrell Russell

Mr. Cochran is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP and Co-Leader of the White Collar, Government & Internal Investigations Practice. During the 45 years he has been practicing law in Atlanta, Mr. Cochran has represented many individuals and businesses on a wide variety of complex matters. He has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. Mr. Cochran's unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. In 2005, he was inducted into the American College of Trial Lawyers. Mr. Cochran is consistently listed as being one of the “Top 10 Attorneys” in Georgia by Super Lawyers. He is listed in Super Lawyers, Corporate Counsel Edition, under Business Litigation. Mr. Cochran is also listed annually in the publication The Best Lawyers in America® (Criminal Law) and in Atlanta Magazine’s compilation of the Best Lawyers in Atlanta (Criminal Law).

Michael L. Eber
Partner
Smith Gambrell Russell

Mr. Eber is a Partner at SGR whose practice focuses on complex business litigation and appeals. He has significant experience representing both plaintiffs and defendants in arbitration, mediation, and state and federal courts. Mr. Mr. Eber's appellate cases have addressed a broad range of issues, including class certification, constitutional law, securities law, attorneys’ fee awards, insurance coverage, employment, attorney disqualification, and civil procedure. Recently, he argued and won three appeals in the U.S. Court of Appeals for the Fifth Circuit on behalf of business clients seeking to recover damages from the Deepwater Horizon oil spill. In the first case, Mr. Eber convinced the Fifth Circuit to vacate the denial of a $4 million claim. After a favorable ruling on remand, the case was settled. In the second case, he defended a $58 million claim, successfully arguing against Lisa Blatt, one of the nation’s most prominent appellate advocates. And in the third case, Mr. Eber won affirmance of a $28 million claim.

Daniel S. Goldstein
Counsel
Smith Gambrell Russell

Mr. Goldstein’s practice focuses on commercial litigation and employment law. He regularly handles cases before state and federal courts, appellate courts, arbitration forums and administrative agencies. He has significant experience litigating complex commercial disputes, and has handled multi-state and cross-border litigations in various jurisdictions including Delaware, California, Florida, Washington D.C., the Netherlands, Cayman Islands, British Virgin Islands, and Israel.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, January 31, 2023

  • schedule

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

  1. What is the best way to avoid creating issues of fact?
  2. What are the best types of issues to submit for summary judgment?
  3. What are the best and worst arguments to make on summary judgment in contract cases?
    1. Interpretation of contracts
    2. Ambiguities are the exception, not the rule
    3. Parol evidence rule
    4. Anti-reliance clauses
    5. Creating and rebutting material questions of fact
    6. Burden of proof
      1. In the trial court
      2. On appeal
        1. De novo
        2. Evaluation of trial court's expressed reasoning

The panel will review these and other key issues:

  • Evaluating strategic decisions regarding rules of interpretation for a contract
  • Avoiding determination that a contract is ambiguous as a matter of law