Strategic Contract Provisions to Minimize Future Litigation Costs and Liability Exposure
Structuring Pre-Litigation Resolution, Forum Selection, Choice of Law, Limitations of Liability, Indemnification and Other Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address key provisions to include in business contracts to mitigate potential litigation liability and expense. The panel will review drafting pre-litigation dispute resolution provisions, forum selection clauses, choice of law provisions, limitations of liability, attorneys’ fee provisions, arbitration provisions, and other essential contract provisions which can reduce damages against the company in the event of litigation.
- Pre-litigation opportunities for dispute resolution
- Pre-suit notice provisions
- Pre-suit ADR provisions
- Controlling the litigation
- Forum selection clauses
- Choice of law provisions
- Defense provisions
- Lessening the costs/exposure
- Attorneys’ fee provisions
- Liquidated damages provisions
- Limitations of liability
- Indemnification provisions
The panel will review these and other key issues:
- What mandatory pre-litigation provisions should be included in contracts?
- How can counsel draft contracts to make litigation more favorable to their client?
- What provisions should be included in contracts to limit or shift the liability and expense of litigation to other parties?
Rebekah R. Conroy
Brown Moskowitz & Kallen
Ms. Conroy is an experienced trial attorney who represents businesses and individuals in diverse matters. Appearing... | Read More
Ms. Conroy is an experienced trial attorney who represents businesses and individuals in diverse matters. Appearing regularly in state and federal courts, her practice is focused on complex business litigation including contract and franchise disputes, products liability actions, shareholder and intra-family financial disputes, and the representation of attorneys in ethics proceedings. She has presented on issues relating to commercial contracts.Close
Kenneth M. Gorenberg
Barnes & Thornburg
Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and... | Read More
Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and Counseling Practice Group. His insurance practice focuses on a number of complex issues for corporate policyholders. He assists clients in litigation, arbitration, and negotiation of a wide variety of business disputes. His commercial clients have included financial institutions, hoteliers, real estate developers, publishers, and web-based ticket brokers. He defends manufacturers, design engineers and premises owners in “bet the company” asbestos personal injury litigation.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