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In-Person Program

Drafting More Effective Contracts

The competitive edge that all transactional attorneys need

2180071P01
Thursday, 2/15/2018, 2:00 pm–5:00 pm
MCLE Conference Center, Ten Winter Place, Boston
3 substantive credits, 0 ethics credits
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Product Description

Drafting effective contracts is a basic function of all transactional attorneys. The goal is to draft a contract that accurately reflects the business deal, properly allocates risk, is readily understood, and is able to stand up to hostile, rigorous post-execution examination—while educating your clients and meeting their aggressive timeline. Learn how to use best practices in drafting and negotiating processes to achieve ideal results. Learn about key terms and conditions, as well as common pitfalls. Hear what clients expect from outside counsel during the negotiations and in codifying a deal. Learn how to make the most effective use of current technologies. Hear the faculty explain tried-and-true techniques for creative problem solving and removing impasses. The panelists discuss the ins-and-outs of drafting and negotiating contracts from the initial email to final executable—using practical, modern-world examples and critical analysis. 

In a competitive, increasingly digitized environment where companies have limited resources, the lawyer who efficiently strikes an effective balance between achieving the right level of contractual protection and negotiating to reflect their clients’ risk-tolerance is most likely to be repeatedly engaged. Bring your questions!

Drafting in the Digital Age; Redlining/Blacklining; Digital Signatures
Contract Models: Classic; Clickwrap; Webwrap
Sources of Negotiating Power in Contract Drafting; Intentional Ambiguity; Contra Proferentem; Contracts of Adhesion
Lawyers as Problem Solvers; Techniques for Overcoming Impasse; Decision Trees
Building Blocks of a Sound Contract; Use and Function of Representations, Warranties, Covenants, and Conditions
Defensive Techniques and Limiting Damages; Disclaimers of Consequential Damages; Indemnities; and Common Carve-Outs
Key Protective Clauses in the Event of Litigation
Irreparable Harm/Injunctive Relief Clauses
Key Issues in Nondisclosure Agreements, Settlements, and Release Agreements
"Ask the Experts" Q&A Session

Special Program Materials:

Table of Contents

Chair

Frank S. Maniscalco, MBA, Esq., Core Security SDI Corporation, Boston

Faculty

Alison L. McCarthy, Esq., Pepper Hamilton LLP, Boston

Speaker(s)

Fees

  • $220.50 - MCLE Sponsor Member
  • $183.75 - New Lawyer
  • $183.75 - Pending Admittee
  • $183.75 - Law Student
  • $183.75 - Paralegal
  • $245.00 - All Others

Can't attend?

Nonmembers   Sponsor Members New Lawyers
Audio CD: Drafting More Effective Contracts $135.00 $121.50 $101.25