Transactional Lawyering: The Basics

Originally held on Tuesday, November 5, 2019 | 6:00 p.m. – 9:00 p.m.

Program Chair:
Peter Siviglia
Author, Commercial Agreements: A Lawyer’s Guide to Drafting and Negotiating

  • This program covers the skills lawyers need to engineer effective business transactions for their clients as well as the essentials for acquiring, keeping and dealing with clients. To be an effective transactional attorney requires skills that differ from those required to be an effective litigator. Unlike litigation, a business deal is not a confrontational event. It is an undertaking to build an “agree”ment that benefits all parties. Consequently, negotiating and drafting a contract require unique disciplines. The negotiation must be constructive, seeking to blend differences into consensus. Similarly, drafting a contract differs from other forms of writing. Its object is not to persuade or to convey information or to entertain. A contract is simply a set of instructions, a design for a business relationship or a business deal that if not properly crafted, will provide a playground for litigators. This program will provide the practical knowledge, skills and techniques to help you achieve the goals mentioned above.

    OnDemand: $149 for Members | $249 for Nonmembers
    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Stephen D. Brodie
    Blank Rome LLP

    Richard K. Neumann, Jr.
    Alexander Bickel Professor of Law
    Hofstra University

  • 6:00 pm – 6:20 pm The Transactional Attorney
    6:20 pm – 7:00 pm Communicating With and Maintaining Clients: Best Practices
    7:00 pm – 8:00 pm Negotiating
    During this segment there will be a 10 minute break during which the panel will welcome questions.
    8:00 pm – 9:00 pm Contract Preparation

    • What is a contract?
    • The prime directive in preparing a contract and implementing the prime directive
    • Multi-jurisdictional transactions
    • Letters of intent vs. term sheets
    • Confidentiality agreements
    • Representations and warranties/due diligence
    • Indemnities
    • Non-compete clauses in employment agreements
    • Shareholder arrangements
    • Opinion letters
    • Options

  • CLE Credit
    New York:
    3.0 skills
    New Jersey:
    3.4 general
    California:
    2.5 general
    Pennsylvania:
    2.5 general

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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