Managing Change in Long-Term Commercial Agreements: Provisions for Mitigating Risk, Preserving Contractual Durability

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, August 7, 2018

Recorded event now available

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Program Materials

This CLE webinar will offer guidance to counsel on managing change in long-term commercial agreements. Our panel will discuss strategies for incorporating risk-mitigating provisions for unforeseen changes, procedural considerations for documenting and implementing changes, and recommendations for structuring adaptive measures that preserve the parties’ contractual intent.

Description

Parties to long-term commercial agreements understand the inevitability of change occurring over the long arc of the relationship. Whether anticipated or unforeseen, any variation from the conditions at a contract’s execution inserts additional risk that must be appropriately allocated to avoid forfeiting the considerable time and resources invested in the transaction.

Potential changes in regulatory or legislative conditions, internal policy provisions, or expansion of the original scope must be anticipated and met with well-considered processes for accommodation into the contractual framework. Transactional durability rests on counsel’s preparedness to effectively incorporate risk-mitigation provisions that afford parties the flexibility to manage change in a manner that preserves both relationship and resources.

Listen as our panel of seasoned practitioners provides insight into how parties can limit exposure in the face of shifting costs and responsibilities and incorporate change management provisions that protect contractual integrity.

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Outline

  1. Change management in long-term agreements
    1. Anticipated changes
    2. Unforeseen changes
    3. Emergency changes
  2. Procedural considerations
    1. Mandatory contractual changes
    2. Permissive contractual changes
    3. Documentation and implementation
  3. Dispute resolution and management

Benefits

The panel will review these and other relevant issues:

  • How can parties effectively negotiate and implement change management mechanisms in a long-term transaction?
  • What are the procedural considerations to limit parties’ exposure for changed conditions?
  • What measures should counsel consider to manage disputes that may arise from failed change management procedures?

Faculty

Cortez, Michael
Michael (Mike) Cortez

Shareholder
Andrews Myers

Mr. Cortez’s practice is focused on construction related transactions, including large, complex energy...  |  Read More

Cohen, Mark
Mark Cohen, J.D., LL.M.

Mr. Cohen has 34 years of experience as a lawyer. His practice is focused on drafting and reviewing legal documents,...  |  Read More

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