Audio CD + Course Book

Advanced Business Contracts: Secrets Only the Top Attorneys Know...

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:

78938CDRA

Audio + Course Book

Credit Information

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From Event: Advanced Business Contracts: Secrets Only the Top Attorneys Know..., held May 2018.

Program Description

Go beyond the "nuts and bolts" and explore business contracts at an advanced level. Our skilled attorney faculty will take vital contract language, terms, conditions and clauses, refine them and customize them to your clients' unique needs and situations. You'll confidently maneuver through sticky provisions and identify the most advantageous positions to take in negotiations. Get real-world implications of seemingly harmless contract language so you can avoid injurious liability traps experienced attorneys have fallen prey to. Don't miss out on this comprehensive guide that is overflowing with years of hard-won negotiation skills and concrete drafting technique - order today!

Course Content

  1. Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
  2. Advanced Contract Examination and Drafting Techniques (w/Samples)
  3. Covering Your Tail and Strategically Negotiating Risk: Indemnification, Limitations of Liability and Insurance
  4. Evading Enforceability Issues and Effectively Negotiating Conditions
  5. The Refined Art of Bargaining Price, Adjustments and Payment in Agreements
  6. Ethics for the Contract Attorney

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 CA * 05/21/2020
CLE 6.00 HI * 05/21/2020

* denotes specialty credits

Agenda / Content Covered

  1. Sophisticated Negotiation Strategies: Secrets Only the Great Lawyers Know
    9:00 - 10:00, Johnathan Bolton
    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
  2. Advanced Contract Examination and Drafting Techniques (w/Samples)
    10:15 - 11:15, Richard C. Mosher
    1. Examination and Drafting of Contracts
    2. Drafting Contracts for Litigation
    3. Motion of Summary Judgement in Contract Drafting
  3. Covering Your Tail and Strategically Negotiating Risk: Indemnification, Limitations of Liability and Insurance
    11:15 - 12:15, Richard C. Mosher
  4. Evading Enforceability Issues and Effectively Negotiating Conditions
    1:15 - 2:15, Daniel R. Lam and Michael O'Malley
    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
    2:30 - 3:30, Daniel R. Lam and Michael O'Malley
    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
    3:30 - 4:30, Carole R. Richelieu
    1. Your Contract With Your Client
    2. Contract Negotiations
    3. Drafting the Contract

JOHNATHAN BOLTON is a partner with Goodsill Anderson Quinn & Stifel, LLP, where he focuses his practice on business and commercial law, real estate and business litigation, debtor/creditor rights, and bankruptcy law. Mr. Bolton is the chair of the firm’s bankruptcy and creditors’ rights practice group and is a member of the business litigation practice group and the real estate & insurance litigation practice group. He is also a member of the firm’s Executive Committee. Mr. Bolton is admitted to practice in Hawaii, Texas, New York, England and Wales (Solicitor) and before Second Circuit Court of Appeals, Fifth Circuit Court of Appeals, Ninth Circuit Court of Appeals, U.S. District and Bankruptcy Courts for the Southern and Eastern Districts of New York, U.S. District and Bankruptcy Courts of Hawaii, and U.S. District and Bankruptcy Courts of Texas. He is a member of the American Bankruptcy Institute, Hawaii State Bar Association, New York State Bar Association, Law Society of England and Wales, Hawaii Bankruptcy Bar Association (HBBA) (director 2014-2015), and American Board of Certification (ABC) (director 2016-2017). Mr. Bolton earned his B.A. degree, cum laude, from Stony Brook University and J.D. degree from Baylor Law School.

DANIEL R. LAM s an attorney with Goodsill Anderson Quinn & Stifel, LLP, where his practice focuses on securities regulation, private placements, mergers and acquisitions, corporate governance, entity structuring, complex institutional secured financings, and general business law. He works with clients on corporate governance issues as well as various internal, operational and transactional business matters for SEC reporting companies, closely held corporations, LLCs and partnerships, including entity structuring, asset and stock acquisitions, shareholders’ agreements and buy-sells. Mr. Lam received his B.A. degree from Gonzaga University and his J.D. degree from Creighton University School of Law.

RICHARD C. MOSHER is of counsel with Alston Hunt Floyd & Ing, where his practice includes an extremely wide variety of corporate work, civil litigation, regulatory compliance, employment and labor law (75+ EEOC trials) arbitration-mediation, business negotiation, mergers and acquisitions, policyholder insurance disputes and claim recovery, captive insurance, charter schools, intellectual property protection and licensing, and international joint ventures and strategic business alliances. Additionally, Mr. Mosher worked for 30+ years as in-house General Counsel or Associate GC for Ball (including Aerospace, Agricultural and International), Maytag, Hoover, and Loctronix (wireless location technology) corporations and has advised small, large, start-up, public, private, and governmental organizations. He was a Special Assistant U.S. Attorney working with a Federal Task Force on identity theft. Mr. Mosher earned his B.A. degree from Augustana College and his J.D. degree from Northwestern University Pritzker School of Law.

MICHAEL O'MALLEY is a partner at Goodsill Anderson Quinn & Stifel, LLP, where he helps health care clients in their initial organization, structuring and business dealings. He also represents clients in mergers and acquisitions, capital and other financings, and regulatory compliance. Mr. O’Malley regularly counsels clients on tax planning matters and in proceedings before tax authorities. He also works with clients on corporate governance and fiduciary duties. Mr. O’Malley served as editor-in-chief of the Harvard Journal on Legislation and was a teaching assistant at Harvard Law School. Following graduation, he practiced with a Wall Street firm in New York City for four years, then returned home to Hawaii and joined Goodsill Anderson, where he became a partner in the firm’s corporate and tax groups. Mr. O'Malley received his B.A. degree, summa cum laude, from Claremont-McKenna College and his J.D. degree from Harvard Law School.

CAROLE R. RICHELIEU is an attorney and the former and longest serving chief disciplinary counsel of Hawaii's Office of Disciplinary Counsel and former fund administrator for the Lawyers' Fund for Client Protection. Ms. Richelieu currently serves with the State Department of Commerce and Consumer Affairs, and is a former per diem hearings officer for the State Departments of Labor and Land and Natural Resources, as well as a legal ethics expert, consultant, and instructor. She has made numerous presentations on legal ethics, client protection, practice management, and professionalism, as well as written many articles and contributed to numerous manuals. Ms. Richelieu has served as a Supreme Court appointee to the Chief Justice's National Action Plan (producing the first one in the nation), the Committee to Review the Code of Judicial Conduct, the Committee on the Certification of Legal Specialists, the Committee on Unbundling Legal Services/Unauthorized Practice of Law, and continues to serve on the Board of Examiners in various capacities and the Commission on Professionalism. She is a fellow of the American Bar Foundation, and a member of the American Bar Association Center for Professional Responsibility, American Bar Association, and the Hawaii State Bar Association (on which she served many committees and is the president for the Senior Counsel Division for the second time).

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
05/21/2020
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


HI CLE: 6.00 Credit Approval Exp
05/21/2020
Includes - Ethics: 1.00
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.


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