Top 5 and Beyond Negotiated Contract Provisions

Not all contracts are the same or for the same purpose, and contracting parties have relative power or leverage depending on context and what is being purchased, licensed, or otherwise contracted for. This course will refer to primarily commercial, technology, and professional services contracts; however, some or all of the top negotiated provisions are typically present in M&A deals, real estate contracts, financing deals, and so on (e.g., indemnification, limitation of liability, termination issues, intellectual property, reps, and warranties).

This program will highlight the top 5 (plus a few additional) negotiated contract provisions and draw attention to the common considerations in commercial negotiations as well as the challenges and influences that can affect timing and decisions, with the view toward closing deals and adequately managing risk for clients. Attendees will learn crucial information about how best to negotiate contract provisions, from common challenges during negotiations to how to recognize positions of strength and leverage in negotiations.

This program is ideal for attorneys at all levels who are in-house or at a law firm who desire further insight and strategies for negotiating day-to-day contracts.

Learning Objectives:

• Identify commonly negotiated contract provisions
• Analyze influences and considerations on addressing commonly negotiated contract provisions
• Highlight challenges in negotiations
• Explore ways to deal with challenges in negotiations
• Recognize positions of strength and leverage in negotiations based on parties and contract types
• Apply tips for contract negotiation