Business Contract Drafting Pitfalls: Common errors, and crucial risk management

Julie D. Globus | Sabharwal, Globus & Lim LLP

Ms. Globus is a partner with the law firm of Sabharwal, Globus & Lim LLP, in West Nyack, NY, and is an associate member of the Association of Certified Fraud Examiners. Ms. Globus earned her B.A. from Skidmore College, her M.A. from Hebrew University of Jerusalem, and her J.D. degree from Rutgers State University of New Jersey-Newark Campus.

When not working and parenting, Ms. Globus is a prolific blogger and writer and an avid cyclist and triathlete. She is currently training for her 10th 70.3 Half Iron-Man race and hopes to complete a 444 mile bike race in 2024. She has several endurance triathlons, an endurance cycling and running race under her belt. Ms. Globus trains regularly in all three triathlon disciplines.

Len Garza | Garza Law

Len is the founder of GARZA, a law firm focused on protecting the personal and business assets of business owners and other individuals and families. Len has been interviewed in numerous media outlets including Forbes, Entrepreneur, Law Insider, CBS News Radio, Inc. Magazine, and many more.

Len has also been recognized by his attorney peers in Thomson Reuters as a Super Lawyer and Martindale-Hubbell at the highest rating of AV-Preeminent, demonstrating outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.

He is a frequently requested lecturer on a variety of topics including complex business transactions, mergers and acquisitions, family business, wealth planning and preservation, and asset protection of inheritances. Len enjoys educating his community and guiding business owners and their families in the path to building and protecting generational wealth

Session I – Avoiding common errors in business contracts |10:20am – 11:50am

• Drafting and Reviewing |10:20am – 10:50am
  • The Sloppy Draft
    • Forgetting to cross reference sections
    • Cutting and Pasting and not Reviewing Afterwords
    • Formatting mistakes
    • Improper use of language
    • Not saving or versioning up
  • Disclosures
    • Representations and Warranties – Did you disclose information?
    • Did you carve out for the Disclosures?
    • Did you do a careful review to be certain that an improper disclosure wasn’t made?
    • Did you forget anything?
    • Are there securities/ERISA/OSHA disclosures to be made?
  • Representations and Warranties
    • Did you use them properly?
    • Did you check the indemnifications?
    • Are they truly bilateral?
    • Are there securities/ERISA/OSHA representations and warranties required?
    • MAC (Material Adverse Change)
      • Did you use it properly?
      • Will it provide you with some sort of protection?
      • Can you somehow carve out a change you know to happen?
• The Nitty Gritty of Negotiations – Getting caught in the weeds | 10:50am – 11:20am

Break | 11:20am – 11:30am

• Care in Communications – Are we Understanding each other? | 11:30am – 12:00pm

Session II – Bulletproof Contracts: How to shield your clients from hidden dangers | 12:00pm – 1:00pm

• Identifying common sources of risks in all contracts | 12:00pm – 12:15pm
• Understanding certain industries’ laws and regulations that influence contractual risk | 12:15pm – 12:30pm

Break | 12:30pm – 12:40pm

• Discussing strategies for mitigating contract risks | 12:40pm – 12:55pm
• Handling breaches | 12:55pm – 1:10pm