Course Description
From the trenches of high-stakes litigation, this CLE reveals how you can draft business documents that prevent disputes, survive scrutiny, and prevail in court. You’ll learn to strip away complexity, neutralize ambiguous clauses that fuel lawsuits, and build ironclad provisions on arbitration, indemnity, forum selection, and liability limits. Walk away with battle-tested strategies to guide your clients to stronger, more defensible agreements — before a complaint is filed.
Syllabus
- Simplifying Contracts: Less is more—cut bloat, avoid overreach, and involve clients to catch hidden risks like conflicting specifications
- Litigation Triggers to Eliminate: Dissect force majeure, “reasonable efforts,” discretionary clauses, and vague definitions that judges and juries’ exploit
- Winning Provisions from a Litigator’s Lens:
- Forum selection & choice of law that stick
- Arbitration clauses built for speed and finality
- Jury trial waivers and fee-shifting that deter claims
- Indemnity and limitation of liability that actually hold up
- Exclusivity, scope, and integration clauses that close loopholes
- Strategic Drafting Best Practices: Sync overlapping agreements, customize arbitration rules, ensure indemnity flows downstream, and draft with the endgame (trial or arbitration) in mind
