Agenda / Content Covered

All times are shown in Eastern time.

1. Tips for Handling Complicated E-Contracting, E-Signatures, and E-mail Issues (w/ Real-World Examples)
   9:00 - 9:50, Michael J. Fekete
2. Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
   9:50 - 10:40, Michael J. Fekete
   1. Scorched Earth Approach vs. Conciliatory Approach
   2. Multi-Party Negotiations
   3. What to do When Negotiations Fail - Advanced Tips
   4. How to Strategically Push Beyond the Impasse
   5. How to Anticipate Responses and Effectively Counter
   6. Costly Mistakes Attorneys Commonly Make During Negotiations
   7. Negotiating Ambiguities, Unclear Provisions, and Clauses
   8. Advanced Negotiations - Cutting-Edge Techniques
3. Covering Your Tail and Strategically Negotiating Risk: Indemnification, Limitations of Liability, and Insurance
   10:55 - 12:00, Alan S. Pralgever
   1. Duties to Defend, Indemnify, and Hold Harmless (Enforceability Issues)
   2. Effective Indemnification Provisions (w/ Examples)
   3. Sophisticated Drafting Tips
   4. High-Level Review Techniques
   5. Top Mistakes Made by Attorneys During Negotiations
   6. Availability of Recovery under Common Law Indemnity and Contribution Theories
   7. How to Strategically Negotiate Liability Limitation Provisions
   8. Statutory and Public Policy Constraints to Indemnity and Risk Allocation
   9. Insurance Clauses That Work
   10. Case Law Review and Real-World Examples
4. Evading Enforceability Issues and Effectively Negotiating Conditions
   1:00 - 1:45, Alan S. Pralgever
   1. Negotiating Conditions That Trigger Liquidated Damage Clauses
   2. Representations and Warranties: Traps for the Unwary
   3. Advanced Drafting Secrets to Ensure Enforceability
   4. Boilerplate Integration Clause Examination
   5. Severability Clauses - Pitfalls to Avoid
   6. Real-Life Examples of Confidentiality Clauses
   7. Top Mistakes Made in Non-Compete Clauses
   8. Use of Set Liquidated Damages to Deter Breach of Non-Compete
   9. Intangible Asset and Intellectual Property Problems
   10. How Context Affects a Court's View of the Covenant
   11. Case Law Review
5. The Refined Art of Bargaining Price, Adjustments, and Payment in Agreements
   1:45 - 2:30, Jacklyn Fetbroyt
   1. Sample Review of Real-World Language and Clauses
   2. Articulating Formulas That all Parties Agree to
   3. Sophisticated Purchase Price Negotiations
   4. Price Adjustment Negotiation and Re-Negotiation Strategies
   5. Push-Back on Price/Price Adjustments
   6. What to do When Negotiations Come to a Halt
   7. Holdback "Hitches"
   8. Critical Tax Considerations and Allocation Issues
   9. Payment by Stock or Promissory Note - Do's and Don'ts
   10. Case Law Review
6. Ethics for the Contract Attorney
   2:45 - 3:45, Mark S. Cherry
   1. Attorney Fees
   2. Due Diligence
   3. Using Boilerplate Provisions
   4. Role of Lawyers in Negotiations
   5. Amendments and Waivers on Behalf of Your Client
7. Complex Contract Dispute Issues and Remedies
   3:45 - 4:30, Alan S. Pralgever
   1. Advanced Drafting Techniques of Arbitration Clauses
   2. Picking Your Battles: Claims Between Owners vs. Designers, vs. General Contractors, Subcontractors, and Suppliers
   3. Advanced Remedies for Breach
   4. Large Multiparty Contract Dispute Do's and Don'ts
   5. Who's Responsible? Recent Case Law and Current Trends

Accreditation Details:

MARK S. CHERRY is an attorney with Mark S. Cherry Attorney at Law, PC, which is a general practice professional law firm in Cherry Hill, New Jersey that, in addition to the general practice of law, assists homeowners across New Jersey. His firm has extensive experience in foreclosure prevention, real estate, tax law and bankruptcy law. Mr. Cherry is admitted to practice in New Jersey, Pennsylvania, Federal District Courts, Bankruptcy Court, Federal Court of Appeals and U.S. Tax Court. In addition to being an accredited civil mediator, he is also the member of the American Institute of Certified Public Accountants (AICPA), American Association of Attorney-Certified Public Accountants (AAA-CPA), and New Jersey Association of Professional Mediators (NJAPM). He earned his J.D. degree from the Delaware Law School of Widener University. Before that he earned his B.B.A. degree from Temple University (Moot Court Honor Society).

MICHAEL J. FEKETE is a partner with Montgomery McCracken Walker & Rhoads LLP, where he is a member of the firm’s litigation department as well as their real estate practice. Mr. Fekete regularly represents individuals, business owners, and companies, both publicly and privately owned, in litigation involving breach of contract, breach of warranty, consumer fraud claims, real estate, and restrictive covenants. He has extensive experience representing publicly-owned REITs, developers, commercial landlords, and court-appointed in all facets of real estate, including lease drafting and negotiation, and commercial tenancy matters. Mr. Fekete is a member of the New Jersey and Pennsylvania bar associations and serves on the New Jersey District IV Ethics Committee. He earned his B.A. degree at the University of Maryland, College Park and his J.D. degree at Rutgers Law School.

JACKLYN FETBROYT is a member of Kang Haggerty & Fetbroyt LLC. She specializes in counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth and represents her business clients in negotiating and documenting various transactions (including real estate or other property acquisitions, leases, master client/customer and vendor/supply agreements, etc.). And should the business venture end, Ms. Fetbroyt works with her clients to ensure that the dissolution and wind up process is as smooth as possible. She also handles dispute resolution with the goal of resolving an issue thoroughly and efficiently so that her clients can get back to what they do best-run a business. When necessary, Ms. Fetbroyt will zealously represent her clients in commercial litigation matters, including business owner disputes, breaches of fiduciary duties, contract disputes, and other business torts, such as business fraud and wrongful interference with business relationships. Ms. Fetbroyt is admitted to practice in both New Jersey and Pennsylvania. She earned her B.A. degree from The Pennsylvania State University and her J.D. degree from Rutgers School of Law-Camden.

ALAN S. PRALGEVER is a partner with Greenbaum Rowe Smith & Davis LLP, where he concentrates his practice in business and commercial litigation, with a special focus in corporate, partnership and LLC split-ups and dissolutions, condominium matters and representation of associations, estate litigation, employment issues, consumer fraud act litigation, real estate and intellectual property disputes. Mr. Pralgever has handled a wide variety of complex commercial and corporate litigation in state and federal courts, as well as arbitrations in both New Jersey and New York. He is certified by the New Jersey Superior Court as a civil mediator. He is also accredited as an attorney by the U.S. Department of Veteran's Affairs for the purpose of preparing, presenting, and prosecuting claims before the VA. Mr. Pralgever earned his B.A. degree, cum laude, from Lafayette College, his M.A. degree from Columbia University, and his J.D. degree from Antioch School of Law. He is a member of the New Jersey State Bar Association, the Association of the Federal Bar of New Jersey and Executive Committee, Marie L. Garibaldi Inn of Court for Alternate Dispute Resolution.