Representations and Warranties Clauses in Commercial Contracts: Avoiding Drafting and Negotiation Pitfalls
Best Practices for Minimizing Risk, Allocating Liability and Enforcing Indemnity Clauses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to business counsel for drafting and negotiating representations and warranties clauses in commercial contracts. The panel will discuss key considerations when structuring reps and warranties provisions, potential challenges with enforcing indemnity clauses and other remedies following a reps and warranties breach, and strategies for avoiding common drafting and negotiation pitfalls.
- Drafting tips for reps and warranties clauses
- Enforcing indemnity and other remedies for breach of reps and warranties
The panel will address these and other key issues:
- How can counsel best mitigate and allocate risk when drafting and negotiating reps and warranties clauses in commercial contracts?
- What are the most commonly disputed issues when negotiating these clauses and what are some effective strategies for resolving them?
- What enforceability challenges do parties commonly face when seeking to make an indemnity claim following a breach of reps and warranties?
Edward J. Momkus
Mr. Momkus concentrates his practice in complex business transactions, mergers and acquisitions, corporate law,... | Read More
Mr. Momkus concentrates his practice in complex business transactions, mergers and acquisitions, corporate law, financing, business succession and liability prevention systems. He negotiates and drafts contracts for a wide array of business transactions, including manufacturing contracts, purchase agreements, equipment leases, corporate and partnership formation, business succession and sales of businesses. He previously was employed as corporate attorney at Leaseway Transportation Corporation and later Evans Products Company, and subsequently became Appliance Group Counsel at Sunbeam Corporation.Close
Murray Hogue & Lannis
Mr. Murray represents numerous businesses and individuals in all manner of contract transactional matters and... | Read More
Mr. Murray represents numerous businesses and individuals in all manner of contract transactional matters and disputes. He co-authors with Dr. John E. Murray, Jr., the biannual supplements to the landmark contract law treatise Corbin on Contracts. He and Dr. Murray have collaborated on the book for contract law practitioners published by PBI Press, Contract Law for the 21st Century Lawyer: Critical Analysis and Practical Application. He is updating numerous chapters in Lexis' landmark formbook series, Rabkin & Johnson Current Legal Forms.Close
Steven M. Richman
Mr. Richman practices in the areas of domestic and international commercial law, including distributorships,... | Read More
Mr. Richman practices in the areas of domestic and international commercial law, including distributorships, intellectual property, agency, art and photography law, professional responsibility and contracts. He is chair of the New Jersey State Bar Association's International Law Committee. Within the American Bar Association, Steven is incoming vice-chair of the ABA's Section of International Law and chairs the IBA's Multidisciplinary Practice Committe. He is a frequent CLE lecturer both in this country and around the world.Close