Rescission and Backdating in Commercial Contracts: Advanced Strategies to Correct Defective Arrangements

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


Wednesday, October 23, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 27, 2019

or call 1-800-926-7926

This CLE webinar will provide practical guidance to counsel on using rescission, backdating, and other forms of modification to correct contractual errors.

Description

Despite the most careful due diligence, negotiation, and drafting, frequently business arrangements--and the contractual documents that memorialize them--can reflect latent ambiguities, unintended omissions, inconsistencies, or outright mistakes. For clients, such defective agreements can result in lost money and time, eroded goodwill, unnecessary disputes, and costly litigation.

But for informed counsel, rescission, backdating, and other forms of transactional modification are powerful legal tools that can elegantly and efficiently correct these mistakes after the fact and rehabilitate an otherwise legally--or practically--ineffective agreement.

When skillfully deployed, these tools can correct errors, memorialize or ratify past actions, correct inconsistencies, and clarify ambiguity in transactional documents to minimize potential legal and practical challenges when trying to enforce the agreement.

Listen as our authoritative panel of seasoned practitioners provides in-depth drafting recommendations and practical guidance on rescission, backdating, and other forms of modification to fix transactional documents after the fact. The panel will focus on advanced strategies for avoiding common pitfalls, discuss the practical efficacy and legal limits of rescission and backdating, and provide informed insights to help reduce the likelihood of disputes.

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Outline

  1. Common reasons for rescission, backdating, and other forms of modification to fix transactional documents after the fact
  2. Correction of errors, memorialization or ratification of past actions, clarification of ambiguity in documents
  3. Types of modifications: rescission, backdating of initial actions, backdating modifications
  4. Practical efficacy and limits of rescission and backdating
  5. Consequences of rescission and other corrective measures
  6. Practical guidance and case studies
  7. Conclusion

Benefits

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?

Faculty

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

Atty
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

Whitman, Elizabeth
Elizabeth A. Whitman

Managing Member
Whitman Legal Solutions

Ms. Whitman focuses her practice in business, commercial real estate, and securities law. With nearly a decade as...  |  Read More

Live Webinar

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $19.45 S&H