Real World Document Drafting®: Default, Remedies, and Liability Limitation Provisions

  • -- Video replay with live Q&A
  • Wednesday
  • November 12, 2008
  • 12:00 p.m. - 1:45 p.m. Eastern Time

Available Online: Online CLE | MP3 Downloads | Coursebook

Why Attend?

  

How to draft default, remedy, and limited liability provisions that can protect your client 's interests in an uncertain economic environment.   

 

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What You Will Learn

 

Document drafting can be as important to the long-term success of a deal as the negotiation of the deal itself.  Legal documents not only articulate the terms of the deal, but also foster business relationships and reduce the risk of future litigation. 

 

This webcast is a must  for attorneys who regularly draft and review contracts and seek to protect their clients' interests in the event of financial disruptions or other crises that could prevent the performance of their contracts.  Get the do's and don'ts of drafting default, remedies, and limited liability provisions in contracts and other legal documents.  Topics include:

Structuring default and remedies provisions; the significance of a default declaration; drafting notice and opportunity to cure provisions; the incurable default; provisions that provide for the opportunity to cure where existence of a default is contested. 

Drafting general, consequential, and punitive damages provisions; dealing with specifications and limitations on remedies. 

Common liability limitations in contracts and other documents; the enforceability of liability limitations; how to increase the possibility of enforcement.  

The impact of public policy; unconscionability and fairness considerations; contracts of adhesion . 

 

Join us for this timely webcast replay and learn how to draft contracts that can reduce your clients' exposure to potential failures in performance.  From the highly popular ALI-ABA video webcast originally aired on April 22, 2008, this program features an update and live Q&A with the instructor for which you can submit your questions in advance and/or during the program. 

 

Need CLE credit?  This seminar qualifies for 1.5 to 2.0 credit hours, depending on state requirements, in MCLE jurisdictions that accredit live webcasts.

 

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Planning Chair

Marvin Garfinkel is counsel to the Real Estate and Intellectual Property and Information Technology Practice Groups of the Philadelphia office of WolfBlock LLP.  An experienced transactional lawyer, Mr. Garfinkel has lectured and chaired courses for ALI-ABA and numerous other organizations. His areas of expertise include real estate law, including financing, defaults and workouts, common interest properties (condominiums, home owner associations, etc.), shopping center and other commercial development and commercial leasing, and business transactions.  His intellectual property subspecialties include distribution and licensing relationships and trademarks.

 

Mr. Garfinkel's extensive writings have been published in legal journals and trade publications.  He has advised and served on the editorial boards of a number of legal publications, statutory drafting commissions, and projects, as well as on several Uniform Law drafting and study committees, including those involved in drafting various articles of the UCC.  He was an Adviser on several American Law Institute Property Law Restatements.  Mr. Garfinkel is the author of the recently published book, Real World Document Drafting: A Dispute-Avoidance Approach(ALI-ABA 2008).  For more information about Mr. Garfinkel, visit his website at www.realworlddocs.com.

 

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Also in this series: Real World Document Drafting: Starting Out Right (November 25, 2008). Click on the "Live Video Webcast" registration link at the top of this page and save 20% when you sign up for both webcasts! Group webcasts are also available at a discount through the registration link above.

Total 60-minute hours of instruction: 1.75; total 50-minute hours: 2.1.

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Here's what registrants have said about this course:

 

"Excellent course!  Mr. Garfinkel is extremely knowledgeable. He made a dry subject interesting."

 

"I have been drafting contracts for over 15 years without the benefit of a course like yours. A course like yours would have saved me a lot of pain along the way."

 

"Practical and interesting.  It should be a required course for all novice commercial lawyers (and for many experienced lawyers, too)."

 

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Times

Eastern 12 noon – 1:45 pm
Central 11 am – 12:45 pm
Mountain 10 am – 11:45 am
Pacific 9 am – 10:45 am
Alaska 8 am - 9:45 am
Hawaii 7 am – 8:45 am

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Course Details

Free PodCast

Listen to "Insurance: an Attorney’s Primer - 2006" from the program Commercial Real Estate Leases: Selected Issues in Drafting and Negotiating in Current Markets originally presented June 1-2, 2006


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