The Contract Provisions That Will Get You Sued: How to Spot, Fix, and Win on the Red-Lines That Matter

Andrew Fromm | Brooks Wilkins Sharkey & Turco PLLC

Andrew Fromm is a litigation partner and commercial counselor who specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues including NHTSA. Andrew has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. Andrew also has extensive experience representing international Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies. Andrew routinely counsels C-suite executives and senior management on contract and commercial strategies to achieve business goals, minimize risk, and resolve disputes.

Joshua Zeman | Brooks Wilkins Sharkey & Turco PLLC

Josh Zeman is an attorney at Brooks Wilkins Sharkey & Turco PLLC. Josh concentrates his practice in complex commercial litigation and counseling. These matters typically involve contract drafting and disputes involving breach of contract claims and related business torts in a variety of industries, with an emphasis on automotive supply-chain disputes. Josh advises automotive suppliers on matters involving price negotiations and disputes, cost recovery claims, investment disputes, and indemnity claims. Josh also advises other companies and individuals on other commercial matters, including closely held business disputes, regulatory matters, and employment disputes. Before entering private practice, Josh clerked for Judge Mark A. Goldsmith in the United States District Court for the Eastern District of Michigan and worked as a research attorney at the Michigan Court of Appeals. Josh draws on his experience working in the judiciary to provide clients with an objective evaluation of their cases and to achieve the best possible results. Josh previously worked at a national law firm and represents clients in federal and state courts and in arbitrations, both in Michigan and across the country.

I. Fundamental concepts and key provisions in contract review and drafting: A concise guide | 1:00pm – 1:20pm

II. Risks and opportunities for AI in contract review and drafting | 1:20pm – 1:40pm

III. Mastering common legal issues with incorporation by reference, integration, modification, battle of the forms, and disputes concerning general terms and conditions | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Recognizing key clauses that lead to disputes: Force majeure, forum and venue selection, choice of law, warranty, indemnity, fee shifting, and attorneys’ fees | 2:10pm – 2:40pm

V. Common risks arising from data protection, intellectual property, and limitation of liability clauses | 2:40pm – 3:10pm