Drafting Business Contracts: Advice From Litigators to Prevent Ambiguity
Force Majeure, Forum, Choice of Law, Arbitration, Waiver of Jury Trials, Fee Shifting, Indemnity, and Limitation of Liability
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will provide guidance and best practices to transactional attorneys from a litigation perspective that assists contract attorneys in spotting the common traps, critical clauses, and most significant landmines that lead to defense or offense issues when presented in court. The expert panel will introduce tips for addressing these problem areas and creating the best defense or offense for a client's contracts.
Outline
- Typical provisions with litigation issues
- Force majeure
- Choice of forum and choice of law provisions
- Arbitration
- Waiver of jury trials
- Fee shifting
- Indemnity and limitation of liability
- Practical tips and best practices
Benefits
The panel will review these and other key issues:
- When should a contract be simplified?
- How can counsel coordinate with a client to clarify an agreement?
- What types of provisions trip up litigators most often in court?
Faculty

Harsh Arora
Partner
Nelson Mullins Riley & Scarborough
Mr. Arora concentrates in the areas of domestic and international corporate transactions and related business dispute... | Read More
Mr. Arora concentrates in the areas of domestic and international corporate transactions and related business dispute resolution. He counsels public and privately held companies as a boardroom advisor and a courtroom advocate in high-stakes corporate matters. Mr. Arora serves as general counsel for businesses with a prominent national or international presence. His general counsel practice focuses on preventative counseling and business structuring. Mr. Arora advises clients on mergers, acquisitions, conversions, and domestications. He has handled a wide range of business closings, negotiations, trademark registrations, corporate governance, industry-focused due diligence for regulatory aspects of proposed deals, and business tax matters in connection with audits by tax authorities. Mr. Arora also assists clients with dispute resolution relating to corporate transactions through business litigation, arbitrations, and mediations. He handles complex cases such as parallel civil and administrative proceedings, multidistrict actions, and bet-the-company litigation.
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Andrew B. Fromm
Partner
Brooks Wilkins Sharkey & Turco
Mr. Fromm specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and... | Read More
Mr. Fromm specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues. He has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. Mr. Fromm also has extensive experience in representing multiple Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, and indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies.
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Daniel Newman
Partner
Nelson Mullins Riley & Scarborough
Mr. Newman litigates complex commercial and securities matters in federal and state courts and before various... | Read More
Mr. Newman litigates complex commercial and securities matters in federal and state courts and before various arbitration forums and regularly represents individuals and entities in Securities and Exchange Commission, Department of Justice, Commodities Futures Trading Commission, FINRA and state securities regulator investigations and litigation arising from such investigations. Other representative business and securities-related litigation includes commercial torts, contracts, non-compete agreements, shareholder derivative actions, class actions, and common law and statutory securities fraud actions. He began his career with the United States Securities and Exchange Commission’s Division of Enforcement where he was responsible for investigating and prosecuting violations of the federal securities laws. Mr. Newman is a frequent speaker on securities litigation and regulatory issues. He currently serves as an Adjunct Professor at the University of Miami School of Law teaching a course on SEC investigations and has served as an Adjunct Professor teaching litigation skills at Nova Southeastern University Shepard Broad College of Law.
CloseEarly Discount (through 08/22/25)