• videocam Live Webinar with Live Q&A
  • calendar_month December 17, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Litigation
  • schedule 90 minutes

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

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, Co-Head of the White-Collar Practice
Smith, Gambrell & Russell, LLP

During the 50 years Mr. Cochran has been practicing law in Atlanta, he has represented many individuals and businesses on a wide variety of complex matters. Mr. Cochran 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. His unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. Mr. Cochran is a Fellow in the American College of Trial Lawyers. In addition to his law practice, he served as former Chair and Director for the Zaban Paradies Center which assists homeless couples obtain housing and employment. Mr. Cochran regularly appears on continuing education panels, speaking at a large number of seminars on a variety of topics, including summary evidence under Federal Rule of Evidence 1006, the application of Daubert to expert testimony, representing individual physicians, white-collar criminal defense, and internal investigations.

Michael L. Eber
Partner
Caplan Cobb LLC

Mr. Eber is a partner at Caplan Cobb, where he serves as trial and appellate counsel in complex business disputes and class actions. He represents both plaintiffs and defendants in various legal forums, including arbitration, mediation, and state and federal courts. Mr. Eber's work has been recognized by several publications, including the Atlanta Journal-Constitution, Law360, ProPublica, and the Fulton County Daily Report. He’s ranked by Chambers USA, has been named a Georgia Super Lawyer in Business Litigation and Appellate Practice, and his peers have selected him for inclusion in The Best Lawyers in America in the fields of Commercial Litigation and Mass Tort Litigation/Class Actions – Defendants.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, December 17, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. What is the best way to avoid creating issues of fact?

II. What are the best types of issues to submit for summary judgment?

III. What are the best and worst arguments to make on summary judgment in contract cases? 

A. Interpretation of contracts

B. Ambiguities are the exception, not the rule

C. Parol evidence rule

D. Anti-reliance clauses

E. Creating and rebutting material questions of fact

F. Burden of proof 

1. In the trial court

2. On appeal 

a. De novo

b. 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