Agenda / Content Covered

Session Time: 2:00 PM - 3:30 PM Eastern
Presenter: Mark J. Oberstaedt and Amy Pearl

• Understanding Damages
  • Enforceability Guideposts: Foreseeability and Actual Harm
  • Direct Damages Explained (with Examples)
  • Consequential Damages Explained (with Examples)
  • Punitive Damages Explained (with Examples)
  • Elusive Losses, Lost Profits and Liquidated Damages
  • What Do You Get When the Contract is Silent (or Bad)?
  • Drafting Best Practices
• Indemnities Explained
  • The Core Components of an Indemnity Provision
    • Who's Indemnifying Who
    • Covered Claims and Losses
  • Specific Types of Indemnity Provisions
  • Limitations and Caps
  • Indemnifiable Acts and Connection to Reps and Warranties
  • Negotiation Levers and Drafting Best Practices

Accreditation Details:

MARK J. OBERSTAEDT is a shareholder in the law firm of Archer & Greiner, P.C., where he is a member of the firm's commercial litigation practice group. Mr. Oberstaedt concentrates his practice on the resolution of complex business disputes, including business torts, federal and state RICO, fraud, and ERISA. He has lectured on various litigation and ERISA issues, and has written articles that appeared in various publications including the New Jersey Law Journal, Seton Hall Law Review, and others. Mr. Oberstaedt is a member of the Camden County, New Jersey State and American bar associations. He earned his B.A. degree, with honors and summa cum laude, from College Misericordia, and his J.D. degree, cum laude, from Seton Hall University, where he served as editor-in-chief of the Seton Hall Law Review.

AMY PEARL is an attorney in the law firm of Archer & Greiner, P.C. She is in the firm's business litigation and trade secret protection and non-compete pactice groups. Ms. Pearl focuses her practice on commercial and complex civil litigation, including breach of contract litigation and contract interpretation disputes. She litigates all types of breach of contract claims, including, but not limited to, commercial contract disputes, employee/employer disputes, shareholder or partnership agreements, vendor to vendor disputes, and disputes relating to the ownership of intellectual property. Ms. Pearl earned her B.A. degree, magna cum laude, from The College of New Jersey and her J.D. degree, summa cum laude, from Rutgers Law School.