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, 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.

Outline:

1. Contract hierarchy, amendments, and related agreements
2. Indemnification and third-party claim procedures
3. Liability limitations, damages, and exclusive remedies
4. Termination, renewal, and notice
5. Governing law, forum selection, and arbitration

Benefits:

• 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