Danger Clauses: Drafting Defensively in Business Contracts

The process of drafting and reviewing business contracts can be tedious, time-consuming, and  expensive. There is a major temptation either to rubber stamp standard templates or handwave  what look (from a high level) to be inoffensive boilerplate provisions from the other side. Such  an approach can, however, lead to unintended consequences that leave both your client and  opposing parties unsure of where they stand. This program will help you to identify common "danger clauses" that trip up lawyers and their clients, teach you defensive drafting techniques  that add clarity to your contracts and build in backup mechanisms, and offer strategies for  working with clients and opposing counsel to make updates that refine problematic language in a  way that benefits all parties.

Learning Objectives: 

1. Recognize common danger clauses and how to deal with them 
2. Develop strategies for defensive drafting both as a primary drafter and counterdrafter
3. Identify what to do if you inherit a contract that includes unresolved danger clauses