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

*** This program has been cancelled ***

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

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

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.


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.


  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


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?


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

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

CLE credits are not available for PR.

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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.)

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Customer Reviews

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

Stephanie Hooks


I liked the concise and clear presentation of the subject matter.

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Moss & Barnett

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

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Great program.

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Hinckley, Allen & Snyder

I liked the speaker's overall information on the industry and how compelling the presentation was. The program was very thought provoking, and covered more than what we expected.

Judy Chen

Chapman and Cutler

Business Contracts and Franchise Advisory Board

Vincent R. Martorana


Reed Smith

Charles (C. J.) Schoenwetter


Bowman and Brooke

Rochelle Spandorf


Davis Wright Tremaine

Craig Tractenberg


Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

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