Top 5 Business Contract Mistakes

Agenda / Content Covered

1. Negotiation Mistakes and Agreement Review Oversights
   11:00 - 11:30, Julie D. Globus
   1. Framing the Negotiation Process
   2. Preparing and Using Term Sheets
   3. Pushing Through Negotiation Stall-Outs
   4. Multi-Party Negotiation Strategies
   5. AI-Powered Contract Review
2. Limitation of Liability, Indemnification, and Liquidated Damages
   11:30 - 12:00, Louis R. Cohan
   1. Enforceability Red Flags and Jurisdictional Concerns
   2. Indemnification Scope, Trigger, and Duration
   3. Liability Caps and Limiting Sources
   4. Exclusions, Carve-Outs, and Caps
3. Non-Disclosure, Non-Solicitation, and Non-Compete Provisions Gone Wrong
   12:00 - 12:45, Louis R. Cohan
   1. Enforceability Tips and Traps - What Courts Look for
   2. Problems With Template Provisions
   3. Negotiating Non-Disclosure/Confidentiality Clauses
   4. Intangible Asset and Intellectual Property Problems
4. Price and Payment Problems
   1:00 - 1:30, Julie D. Globus
   1. Price Adjustment Negotiation
   2. Tax Considerations and Allocation Issues
   3. Payment by Stock or Promissory Note
5. Reps and Warranties: Traps for the Unwary
   1:30 - 2:00, Julie D. Globus
   1. The Good, Bad, and Ugly
   2. Wording Tips for Qualifiers and Assurances
   3. Thorny Issues Related to Remedies and Breach
6. Bonus: Addressing Ambiguities and Inconsistencies
   2:00 - 2:15, Julie D. Globus

Accreditation Details:

Louis R. Cohan founded Cohan Law Group, L.L.C., and has been a trial lawyer for more than 25 years. Mr. Cohan has done work in breach of contract, fraud, injunctive relief, punitive damages, employment, trade secrets, real estate, construction and construction defects, and civil rights litigation. His practice is concentrated on business litigation and employment litigation. Mr. Cohan serves on the boards of the Atlanta Bar Association (treasurer, Litigation Section; chair, Small Firm Section), and the Atlanta Bar Foundation, as well as being a member of the American Board of Trial Advocates (ABOTA). He earned his B.S. degree from the University of Georgia and his J.D. degree from Emory School of Law.

Julie D. Globus is a partner with the law firm of Sabharwal Globus & Lim LLP, in West Nyack, New York, where she represents banks and hedge funds in the purchase and sale of debt in distressed companies, international and domestic mergers and acquisitions, leveraged acquisitions, and corporate finance. With data privacy and issues of cybersecurity at the forefront of current legal issues, Ms. Globus also assists her clients with building an architectural framework for compliance with state and federal securities, finance, data privacy laws, and with establishing strong internal controls. She also engages in the area of education law, helping students and parents obtain a fair and appropriate public education for their children, as well as resolving education related disciplinary matters. Ms. Globus is an associate member of the Association of Certified Fraud Examiners and is corporate counsel for an international cryptocurrency related company, giving her the opportunity to consult with legal teams in both the US and abroad, each with varying expertise and each trying to wade through the confusion related to cryptocurrency. She earned her B.A. degree from Skidmore College, her M.A. degree from the Hebrew University of Jerusalem on Mt. Scopus and her J.D. degree from Rutgers State University of New Jersey, Newark Campus. Her passion is endurance cycling and she is an avid middle-distance triathlete.