Drafting and Negotiating Business Contracts

Law school may have taught you many things, but it probably didn't teach you the "nuts and bolts" of drafting and negotiating contracts.

When representing a business of any kind or size, you will frequently be called upon to draft or review the client's contracts.  Sometimes these will be part of a transaction (such as a sale of the client's business), sometimes these will be "form" contracts that are not intended to be negotiated (such as standardize contracts with the client's customers or suppliers), and sometimes these will be electronic or "clickwrap" contracts (such as a website's "terms of service" or privacy policy).  

Presented by Cliff Ennico, this course offers both a general overview of contract practice and is designed to take practitioners "beyond the basics" to discuss some of the more challenging judgments you must make in drafting and negotiating the most common kinds of business contract. 

Learning Objectives: 

By the end of this program, participants will be able to:

1. Identify the most common types of business contracts and their key components.
   
   
2. Locate reliable sources for contract templates and checklists.
   
   
3. Review and analyze contracts prepared by other attorneys for risk and clarity.
   
   
4. Draft standard form agreements, including clickwrap and online contracts.
   
   
5. Interpret and negotiate complex contract clauses, including indemnification, limitation of liability, and force majeure.
   
   
6. Compare the use of "Plain English" versus "Legalese" in contract drafting.
   
   
7. Evaluate the role of artificial intelligence (AI) in drafting and reviewing contracts.
   
   
8. Prepare clients and themselves for effective contract negotiations.
   
   
9. Draft and assess term sheets or letters of intent in transactional matters.
   
   
10. Balance client advocacy with business objectives during negotiations.
    
    
11. Address situations where a client concedes on key deal points.
    
    
12. Recognize and resolve ethical issues that arise in contract drafting and negotiation.