Contractual Pitfalls of Ancillary Documents, Attachments, and Exhibits: Resolving Inconsistencies
Drafting Cross Reference and Incorporation by Reference Provisions: Definitions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide practical guidance to counsel on the legal pitfalls of contract supplements, such as attachments, exhibits, cross references, and incorporation by reference. The panel will provide examples of how to draft enforceable provisions and discuss cases addressing these issues.
- Cross references
- Incorporations by reference
The panel will review these and other noteworthy issues:
- What are the best practices for incorporating ancillary documents, attachments, schedules, and exhibits?
- How have courts interpreted these provisions?
- What strategies should attorneys consider when drafting these clauses?
- Which types of provisions present the most significant challenges for businesses and their counsel?
- What pitfalls should attorneys watch out for when using various ancillary documents?
- How can incorporation by reference provisions result in unintended consequences?
- What special rules govern online terms and conditions?
Mark Cohen, J.D., LL.M.
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents,... | Read More
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents, advising on and facilitating transactions, helping clients and lawyers improve their documents, and teaching innovative CLE classes. Mr. Cohen’s diverse legal career includes service as an Air Force Judge Advocate, service as a Special Assistant U.S. Attorney, seven years as a prosecutor, over 10 years as a municipal judge, and private practice. He served as the Chairperson of the Editorial Board of The Colorado Lawyer and taught advanced legal writing at the University of Arkansas School of Law. Mr. Cohen wrote six articles for the Am.Jur. Proof of Facts series, including the leading article on piercing the corporate veil. He is the founder of The Plain English Institute.Close
Jessica L. Everett-Garcia
Ms. Everett-Garcia has 20 years of experience representing a wide variety of clients in business litigation matters,... | Read More
Ms. Everett-Garcia has 20 years of experience representing a wide variety of clients in business litigation matters, with particular emphasis on contract claims, trade secret disputes, class action defense and business torts, including negligence, fraud and fiduciary duty claims. Her experience extends to state and federal court matters, jury and non-jury trials, appeals, arbitrations and government investigations. Ms. Everett-Garcia also often represents foreign companies in contract and business tort litigation brought in U.S. courts and arbitration proceedings. She is a frequent author and speaker on a variety of legal issues.Close