The Basics and Essentials – Part 1 (OnDemand)
Originally held on Monday, September 18, 2023 | 1:00 pm – 3:00 pm
The Basics and Essentials – Part 2 (OnDemand)
Originally held on Monday, October 16, 2023 | 1:00 pm – 3:00 pm
The Basics and Essentials – Part 3 (OnDemand)
Originally held on Monday, November 13, 2023 | 1:00 pm – 3:00 pm
Program Instructor | Program Instructor |
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Ponnie Maddux Sarmasti, PLLC |
Suleman Malik Gordon Rees Scully Mansukhani, LLP |
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This three-part webinar introduces the basics of contract drafting, review, and negotiation. In this series, participants will learn the nuts and bolts of contract drafting, starting with the overall framework, language, definitions, and a breakdown of contractual terms, and provisions. From there, the series will provide a deeper look into common contract-drafting pitfalls and the best way to avoid these issues from a litigation perspective, including issues of ambiguity, boilerplate provisions, arbitration provisions, forum selection, and confidentiality clauses. Finally, the series will examine how to best negotiate contracts and provisions and will explore recent issues and trends including the importance of force majeure clauses in the age of Covid-19 and the role of A.I. and contract automation in the present and future. Overall, through examples and sample agreements, participants will learn about specific contractual provisions and receive practical information that will help them understand, draft, and review contracts in a way to avoid ambiguity and potential disputes.
The Basics and Essentials – Part I
Part 1 covers:• Parts of a Contract
• The Framework of a Contract from Top to Bottom
• The Initial Paragraphs
• Definitions Section
• Ambiguity and Vagueness
• The Heart of the Agreement
• Finishing the Agreement
• Sample Short Form Agreements
• The Use of “Shall” and “Will”The Basics and Essentials – Part II
Part 2 covers:
• Common Contract-Drafting Pitfalls
• Contract Drafting From A Litigation Perspective
• Solidifying the Covenants, Reps and Warranties
• Boilerplate Provisions
• Arbitration Provision
• Translating Terms into Provisions
• Insurance Contracts
• Additional Insureds
• Key Insurance Provisions
• Breach and Termination of a Contract
• Requirements/Obligations
• Notice Requirements
• Sample Short Form Agreements
• Ethical ConsiderationsThe Basics and Essentials – Part III
- A Firm Hypothetical: The Deal between the Parties
- Negotiating to Your Advantage
- Non-Compete Provisions & Recent Trends
- Audit and Inspection Rights
- Preparing for Breach / Types of Remedies
- Force Majeure Clauses
- Contracts in the Age of Covid-19
- The Role of A.I. & Contract Automation
- Sample Agreements
Program Fee:
Each Program: $149 Member | $249 Nonmember -
1:00 p.m. – 1:05 p.m.
Introduction/General Overview1:05 pm – 1:20 pm
Parts of a Contract1:35 p.m. – 1:40 p.m.
The Framework of a Contract from Top to Bottom
1:40 p.m. – 1:55 p.m.
The Initial Paragraphs- Preamble
- Recitals
- Words of Agreement
1:55 pm – 2:00 pm
Definitions Section2:00 p.m. – 2:15 p.m.
Ambiguity and Vagueness- Risks and advantages of ambiguity
- Proving meaning and intent
- A few practical tips
2:15 p.m. – 2:30 p.m.
The Heart of the Agreement- Terms and Conditions
- Consideration
- Representations and Warranties
- Indemnification
2:30 pm – 2:35 pm
Finishing the Agreement- Endgame Provisions
- Signature Lines
- Exhibits and Schedules
2:35 pm – 2:45 pm
Sample Short Form Agreements2:45 pm – 2:50 pm
The Use of “Shall” and “Will”2:50 pm – 3:00 pm
The Top 3 Takeaways -
1:00 pm – 1:05 pm
Introduction and Recap1:05 pm – 1:15 pm
Common Contract-Drafting Pitfalls1:15 pm – 1:25 pm
Contract Drafting From A Litigation Perspective1:25 pm – 1:40 pm
Solidifying the Covenants, Reps and Warranties1:40 pm – 1:55 pm
Boilerplate Provisions- Confidentiality
- Attorneys’ Fees and Costs
- Jury Trial Waiver
- Forum Selection
1:55 pm – 2:05 pm
Arbitration Provision2:05 pm – 2:20 pm
Translating Terms into Provisions- Monetary Calculations and Distributions
- Formulas
- Remedies
2:20 pm – 2:30 pm
Insurance Contracts- Additional Insureds
- Key Insurance Provisions
2:30 pm – 2:35 pm
Breach and Termination of a Contract- Requirements/Obligations
- Notice Requirements
2:35 pm – 2:45 pm
Sample Short Form Agreements2:45 pm – 2:50 pm
Ethical Considerations2:50 pm – 3:00 pm
The Big Picture /Q&A/ The Top 3 Takeaways -
1:00 p.m. – 1:05 p.m. Introduction and Recap
1:05 p.m. – 1:10 p.m. A Firm Hypothetical: The Deal between the Parties
1:10 p.m. – 1:15 p.m. Negotiating to Your Advantage
1:15 p.m. – 1:30 p.m. Non-Compete Provisions & Recent Trends
1:30 p.m. – 1:45 p.m. Audit and Inspection Rights
1:45 p.m. – 1:55 p.m. Preparing for Breach / Types of Remedies
1:55 p.m. – 2:05 p.m. Short Break
2:05 p.m. – 2:20 p.m. Force Majeure Clauses
2:20 p.m. – 2:35 p.m. Contracts in the Age of Covid-19
2:35 p.m. – 2:45 p.m. The Role of A.I. & Contract Automation
2:45 p.m. – 2:50 p.m. Sample Agreements
2:50 p.m. – 3:00 p.m. The Big Picture / Q&A / The Top 3 Takeaways
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Part I
New York: 2.0 Skills
New Jersey: 2.4 General
California: 2.0 Skills
Pennsylvania: 2.0 GeneralPart II
New York: 2.0 Skills
New Jersey: 2.4 General
California: 2.0 Skills
Pennsylvania: 2.0 GeneralPart III
New York: 2.0 Skills
New Jersey: 2.2 General
California: 1.5 General
Pennsylvania: 1.5 General -
Sponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org