Personal Guarantees in Business Contracts: Best Practices for Drafting, Negotiation and Enforcement

A live 90-minute CLE webinar with interactive Q&A


Wednesday, May 24, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 5, 2017


This CLE webinar will address the purpose and use of personal guarantees in business contracts, the differences between unlimited and limited personal guarantees, and best practices for drafting, negotiating and enforcing—or avoiding enforcement of—the terms of personal guarantees.

Description

Many business contracts include personal guarantees, which obligate a guarantor to assume personal liability in the event a contracting party defaults on its contractual obligations. The personal guaranty agreement is often given only cursory or superficial attention by counsel—until one of the contracting parties goes into default.

Contracting parties and guarantors must have a thorough understanding of the use and purpose of personal guarantees, the nature and scope of their specific guaranty, and the impact of default and remedy provisions in the contract on their enforcement to minimize disputes and avoid unintended liabilities.

Commonly disputed issues include the validity of the guaranty agreement, waiver of defenses, the continuing guaranty, irrevocable guarantees, and the sham guaranty. A more recently litigated guaranty is the bad boy guaranty, which seeks to attach recourse liability on guarantors, normally officers/owners, for engaging in specified prohibited acts.

Listen as our authoritative panel analyzes the use, purpose and forms of personal guarantees in business contracts. The panel will discuss differences between unlimited and limited guarantees, and best practices for drafting, negotiating and enforcing or defending against the enforcement of personal guarantees.

Outline

  1. Evaluating whether a personal guaranty is warranted for a specific type of business agreement
  2. Types of personal guarantees
  3. Best practices for negotiating personal guarantees
  4. Enforcement challenges

Benefits

The panel will review these and other key issues:

  • In what types of business contracts are personal guarantees generally included?
  • What factors should contracting parties and guarantors consider in framing the scope of the guaranty agreement?
  • What are some of the most frequently disputed issues regarding guaranty agreements and how can they best be addressed or minimized?
  • What are some best practices for counsel when negotiating and enforcing—or defending against the enforcement of—personal guarantees?

Faculty

Dustin R. Hurley
Hurley Law Office, Middletown, Ohio

Mr. Hurley focuses on small business law and commercial real estate. He helps clients navigate the formation, purchase or sale of a business, and the purchase, lease or sale of commercial real estate. Mr. Hurley has experience handling sophisticated cases for small and midsized businesses and business owners, including dispute litigation matters and bankruptcy. He is an accomplished speaker and published author.

Additional faculty to be announced.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 05/05/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/05/17)

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/05/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 05/05/17)

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 05/05/17)

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 05/05/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 05/05/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 05/05/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
May 5, 2017
(11 days)

or call 1-800-926-7926

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Customer Reviews

The presentation was perfect - not too technical or legal. Keep up the good work!!

Patricia Embley

I thought the content covered in the webinar was very helpful.

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LexisNexis

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Moss & Barnett

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RQ Construction

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Business Contracts and Franchise Advisory Board

Vincent R. Martorana

Counsel

Reed Smith

Charles (C. J.) Schoenwetter

Partner

Bowman and Brooke

Rochelle Spandorf

Partner

Davis Wright Tremaine

Craig Tractenberg

Partner

Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

or call 1-800-926-7926

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