Contract Negotiations – It Depends
Most clients literally want everything in a contract negotiation. Unfortunately, the other side wants everything too. The real question for practitioners is: which clauses are truly worth the fight? The answer, of course, is…. it depends.
Draft a Good Contract – Avoid Litigation
In this CLE, Kristi Zentner and Heather Marx — a seasoned transactional attorney & an experienced commercial litigator — share insights drawn from daily practice on both sides of the negotiating table. They explore the most common flashpoints in contract drafting and negotiation, from indemnification and limitation of liability to representations, warranties, and confidentiality provisions.
The Art of Drafting Controversial Contract Clauses
The dynamic duo provide practical strategies for recognizing which provisions merit aggressive advocacy, show you how to tailor clauses to a client’s risk profile, and drafting the contact with enforceability in mind. Attendees will also gain tools for memorializing the negotiation: ensuring that contracts clearly reflect agreed terms, avoid ambiguities and reduce the risk of costly disputes down the road. To access the course please click here: Drafting Controversial Contract Clauses: What Clauses Are Worth the Fight?
Learning Objectives:
* Identify key contract clauses — such as indemnification, limitation of liability, and representations and warranties — that most often become points of contention and potential litigation.
* Evaluate negotiation dynamics, including leverage, market conditions, and counterparty risk, to determine which provisions are worth pressing and which can be compromised.
* Draft clear and enforceable risk-shifting provisions tailored to the transaction, including defining scope, triggers, exceptions, and remedies.
* Recognize common mistakes in contract drafting and negotiation that create ambiguity or weaken enforceability, and implement strategies to avoid them.
* Apply effective review techniques to ensure that contracts accurately memorialize negotiations, reflect agreed business terms, and align with preliminary documents such as term sheets or letters of intent.
Kristi Zentner & Heather Marx – The Dynamic Contract Duo
Kristi Zentner, Esq., is a transactional attorney who represents clients in general business, supply chain management, as well as tariff, customs, and trade matters. Heather Marx. Esq., applies her experience in the areas of complex business and commercial litigation to represent a variety of clients.
This CLE course is offered in the following states:
* Alaska (AK)
* Alabama (AL)
* Arizona (AZ)
* California (CA)
* Connecticut (CT)
* District of Columbia (DC)
* Illinois (IL)
* Maryland (MD)
* Massachusetts (MA)
* Michigan (MI)
* Missouri (MO)
* New Hampshire (NH)
* New Jersey (NJ)
* New York (NY)
* North Dakota (ND)
* Pennsylvania (PA)
* South Dakota (SD)
* Vermont (VT)
California CLE
Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.