Rescission and Backdating in Commercial Contracts: Advanced Strategies to Correct Defective Arrangements
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide practical guidance to counsel on using rescission, backdating, and other forms of modification to correct contractual errors.
- Common reasons for rescission, backdating, and other forms of modification to fix transactional documents after the fact
- Correction of errors, memorialization or ratification of past actions, clarification of ambiguity in documents
- Types of modifications: rescission, backdating of initial actions, backdating modifications
- Practical efficacy and limits of rescission and backdating
- Consequences of rescission and other corrective measures
- Practical guidance and case studies
The panel will review these and other key issues:
- What have courts found are legitimate reasons for after-the-fact modification of transactions?
- What are the key statutory and common law justifications for rescission?
- When is it permissible to back-date transactions?
- What is the practical efficacy and limits of rescission and backdating?
- What are the consequences of rescission and other corrective measures?
Mark Cohen, J.D., LL.M.
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
Mr. Cohen has 34 years of experience as a lawyer. His practice is focused on drafting and reviewing legal documents, advising on and facilitating transactions, helping other lawyers improve their documents, and teaching innovative CLE classes. Mr. Cohen’s diverse legal career includes service as an Air Force Judge Advocate, service as a Special Assistant U.S. Attorney, seven years as a prosecutor, over 10 years as a Municipal Judge, and private practice.
Elizabeth A. Whitman
Whitman Legal Solutions
Ms. Whitman focuses her practice in business, commercial real estate, and securities law. With nearly a decade as... | Read More
Ms. Whitman focuses her practice in business, commercial real estate, and securities law. With nearly a decade as in-house general counsel for a national real estate company and additional years as in-house counsel for a publicly traded company, Ms. Whitman is uniquely qualified to serve as outside general counsel for businesses of all sizes. Her commercial real estate experience includes more than $1.3 billion in transactions, spanning nearly every real estate asset class throughout the U.S. Active in professional organizations, Ms. Whitman has served as Chair of the Real Estate Committee of the Association of Corporate Counsel.Close
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