Business Contracts: Nuts-and-bolts approaches to better contract drafting, real-world examples, warranties, indemnities, limitations of liability, and recent trends (2024 Edition)

Michael R. Overly
Michael R. Overly
Foley & Lardner LLP

Michael Overly is a partner in Foley & Lardner’s Information Technology & Outsourcing Group and Privacy, Security and Information Management Groups.

Ashley M. Kennedy
Ashley M. Kennedy
Foley & Lardner LLP

Ashley Kennedy is a Technology, Transactions, Cybersecurity & Privacy Practice Group member within Foley & Lardner’s Intellectual Property Department.

On-Demand: September 26, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

In this webinar, we will discuss real-world, nuts and bolts approach to better contract drafting. In particular, we will focus on common pitfalls encountered in business contracts and practical ways to address them. Numerous examples from actual contracts will be discussed, along with specific examples of how best to draft stronger, clearer contract protections. The most common areas of risk in business contracts will be discussed, including warranties, indemnities, and limitations of liability. In addition, we will discuss recent trends in the industry regarding contract drafting, including the problem of contracts that “float” because many key terms are referenced through embedded links to web pages that can change at any time. The techniques and approaches discussed can be used immediately to achieve materially stronger contracts.

Key topics to be discussed:

  • Nuts-and-bolts approaches to better contract drafting
  • Common pitfalls encountered in business contracts and practical ways to address them
  • Discussion of examples from actual contracts
  • How to draft stronger and clearer contract protections
  • Common areas of risk in business contracts
  • Recent trends in the industry

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Michael-R.-Overly_Foley-&-Lardner-LLP_FedBarMichael R. Overly | Foley & Lardner LLP

Michael Overly is a partner in Foley & Lardner’s Information Technology & Outsourcing Group and Privacy, Security and Information Management Groups. He is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified in Risk and Information Systems Controls (CRISC), Certified Outsourcing Professional (COP), and Certified Information Privacy Professional (CIPP) certifications.

He writes and speaks frequently regarding negotiating and drafting technology transactions and the legal issues of technology in the workplace, e-mail, and electronic evidence. He has written numerous articles and books on these subjects and is a frequent commentator in the national press (e.g., the New York Times, Chicago Tribune, Los Angeles Times, Wall Street Journal, ABCNEWS.com, CNN, and MSNBC) and has testified before the U.S. Congress regarding online issues.

 

Ashley M. Kennedy_FedBarAshley M. Kennedy | Foley & Lardner LLP

Ashley Kennedy is a Technology, Transactions, Cybersecurity & Privacy Practice Group member within Foley & Lardner’s Intellectual Property Department. Ashley provides counsel on structuring and negotiating technology agreements to create strategic and advantageous business relationships between companies. She has experience drafting and negotiating commercial agreements, including intellectual property licenses, software-as-a-service agreements, distribution agreements, master services agreements, non-disclosure agreements, and technology transfer agreements. Ashley also has experience structuring and addressing the intellectual property components of mergers and acquisitions and other corporate transactions.

Prior to joining Foley as an associate, Ashley served as an associate and summer clerk at an intellectual property-focused law firm, preparing patent applications for the USPTO. She previously worked in the engineering sector for an aerospace and defense company.

Agenda

I. Nuts-and-bolts approaches to better contract drafting | 2:30pm – 2:50pm

II. Common pitfalls encountered in business contracts and practical ways to address them | 2:50pm – 3:10pm

III. Discussion of examples from actual contracts | 3:10pm – 3:30pm

Break | 3:30pm – 3:40pm

IV. How to draft stronger and clearer contract protections | 3:40pm – 4:00pm

V. Common areas of risk in business contracts | 4:00pm – 4:20pm

VI. Recent trends in the industry | 4:20pm – 4:40pm

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