Product Description

Drafting effective contracts is a basic function of all transactional attorneys. The goal is to draft a contract that accurately reflects the business deal, properly allocates risk, is readily understood, and stands up to hostile, rigorous post-execution examination— while educating your clients and meeting their aggressive timeline. Learn about best practices in drafting and negotiating processes, key terms and conditions, and common pitfalls. Hear what clients expect from outside counsel during negotiations and in codifying deals. Learn how to make the most effective use of current technologies. Hear the faculty explain tried-and-true techniques to remove impasses and discuss the ins-and-outs—from the initial email to final executable—using practical, modern-world examples and critical analysis.

In a competitive, increasingly digitized environment with limited resources, the lawyer who efficiently strikes an effective balance between achieving the right level of contractual protection and negotiating to reflect their clients’ risk-tolerance is most likely to be repeatedly engaged. Bring your questions!

Agenda & Materials

• 2:00 - 2:05 pm

  Welcome and Introduction

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  Frank S. Maniscalco, Esq., Advocate Mercantile LLC , Boston
  
• 2:05 - 2:55 pm

  Drafting in the Digital Age; Redlining/Blacklining; Digital Signatures

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• Contract Models: Classic; Clickwrap; Webwrap; Blockchain Smart Contracts
• Sources of Negotiating Power in Contract Drafting; Intentional Ambiguity; Contra Proferentem; Contracts of Adhesion

  Frank S. Maniscalco, Esq., Advocate Mercantile LLC , Boston
  
• 2:55 - 3:00 pm

  Networking and Refreshment Break
• 3:00 - 3:50 pm

  Lawyers as Problem Solvers; Techniques for Overcoming Impasse; Decision Trees

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• Building Blocks of a Sound Contract; Use and Function of Representations, Warranties, Covenants, and Conditions
• Defensive Techniques and Limiting Damages; Disclaimers of Consequential Damages; Indemnities; and Common Carve-Outs

  Kyle J. Glover, Esq., Pierce Atwood LLP , Portland
  
• 3:50- 3:55 pm

  Networking and Refreshment Break
• 3:55 - 4:45 pm

  Key Issues in Nondisclosure, Business Associate, and Settlement and Release Agreements

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• Nuances under Massachusetts Common Law
• Negotiation Archetypes

  Alisha R. Bloom, Esq., Versant Legal LLC , Arlington
  
• 4:45 - 4:50 pm

  Key Takeaways

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  Panel
  
• 4:50 - 5:00 pm

  "Ask the Experts" Q&A Session

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Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty