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Event Profile

OKC – Tips from the Bench: How 25 Recent Cases Influence Contract Drafting (7 total credit hour/including 0 hours of ethics)

December 14, 2017

Location: Oklahoma Bar Association - 1901 N. Lincoln Blvd. Oklahoma City, OK 73105

This event has a fee

  On-Line Registration is now closed.
Walk-ins will be accepted at the door.

Tips from the Bench: How 25 Recent Cases Influence Contract Drafting


Oklahoma Bar Center

1901 North Lincoln Blvd., Oklahoma City, Oklahoma - Click here for location map and driving directions

CLE CREDIT: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 7 hours of mandatory CLE credit, including 0 hours of ethics.


$200 for early-bird registrations with payment received by December 7th; Registration received after December 7th increases $25 and an additional $50 from early-bird rate for walk-ins. To receive a $10 discount for the in-person program, register online. Registration for the live webcast is $225.

Members licensed 2 years or less may register for $75 for the in-person program (late fees apply) and $100 for the webcast.

All programs may be audited (no materials or CLE credit) for $50 by emailing ReneeM@okbar.org to register.

CANCELLATIONS: Cancellations will be accepted at any time prior to the seminar date; however, a $25 fee will be charged for cancellations made within four full business days of the seminar date. No requests for refunds or cancellations will be accepted on or after the seminar date.

SEMINAR MATERIALS: The Oklahoma Bar Association is embracing a healthier and greener business environment. Therefore, seminar materials will be provided in electronic format in a separate email prior to the program. If you choose to have a printed version of the materials, prior to the sessions you can download and print them. If you would like a hard copy of the materials, there will be a $25 charge, please call Renee at 405-416-7029.

Lenne’ Eidson Espenschied

Lenné Eidson Espenschied practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, and The Grammar and Writing Handbook for Lawyers. After graduating from the University of Georgia School of Law, Ms. Espenschied began her legal practice at Sutherland, Asbill & Brennan; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. Professor Espenschied has taught commercial law, contracts, and contract drafting. She is a frequent speaker at continuing legal education seminars and provides private training at law firms and corporate legal departments. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.

This program studies 25 recent ambiguous contract cases from jurisdictions across the country to glean practical drafting advice straight from the pens of judges who deciphered the provisions at issue. We’ll consider the wording of the litigated provisions, the arguments of both parties as to the “correct” interpretation, and the ultimate judicial rendering of the parties’ intended meaning. We’ll discuss specific drafting techniques that would have improved the language and possibly prevented the dispute, as well as recommended substantive content changes to the language based on the judicial construction. The program will feature recent cases on key performance and boilerplate provisions, including:

· earnouts;
· drag-alongs;
· indemnification;
· limitations of liability;
· restrictive covenants;
· arbitration;
· assignment;
· forum selection and governing law;
· browse wrap licenses;
· click wrap licenses;
· typical legal expressions and wording glitches; and much more!

8:30 am – Registration and continental breakfast

9:00 am – The Context of Deciding Contract Cases
10:30 am – Break
10:45 am – Recent Indemnification and Limitations of Liability Cases
12:15 pm - Lunch (included)
12:45 pm – Key Cases on Restrictive Covenants, Click Wrap and Browse Wrap
2:15 pm – Break2:30 pm – Key Cases on Assignments, Forum Selection, Arbitration, and more

4:00 pm - Adjourn


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