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Event Profile

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

December 14, 2017

Location: OBA Webcast - anywhere with a computer; iPad or Smartphone

This event has a fee

Registration is now closed 

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

NOTE: In order to obtain credit for this webcast it MUST be viewed on 12/14/2017 starting at 9 am CST, because this program is being broadcast at that date and time, the credit is considered unlimited (live) credit by OBA/MCLE.

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.

TUITION: Registration for the live webcast is $225. Members licensed 2 years or less registration is $100.

NOTE: This program is NOT approved for Texas credit. The Texas Bar will not permit members to submit online programs for Texas credit.

CHECKPOINTS: This program will contain random checkpoints. In order to submit credit for this program, you must confirm your presence at the checkpoints. If you do not meet the checkpoint requirement you may not receive credit for the live program. The checkpoint submission is entirely dependent on your successful completion of the system check.

NOTE: At the end of the program click on the Credit Submission Tab to go to your credit profile and begin the credit submission process. Please remember to submit credit on the day of the event.

Lenne' Eidson Espenschied

Lenne' 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!

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 (on your own)

12:45 pm - Key Cases on Restrictive Covenants, Click Wrap and Browse Wrap

2:15 pm - Break

2:30 pm - Key Cases on Assignments, Forum Selection, Arbitration, and more

4:00 pm - Adjourn

In-Person Registration Available


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