Twenty-Five Recent Cases, and What They Teach Us About Contract Drafting

MCLE Credits: 6.0
Ethics Credits Included: 0.0

Live on Site: Tuesday, August 29 / Richmond
  Wednesday, August 30 / Fairfax
Registration: 8:00 a.m.
Program: 8:30 a.m. - 3:45 p.m.
MCLE Credit: 6.0 (Ethics: 0.0)
Live-Interactive Credit: 6.0 Live Interactive MCLE Credit Symbol
Video on Site Options

Information

Why Attend?

  • Understand the sources of ambiguity in contracts, and how to avoid them
  • Learn what judges are doing when forced to interpret contractual language
  • Draft better contracts in the future

This is a program for all lawyers who draft contracts. We’ll study twenty-five recent cases from jurisdictions across the country, each dealing with ambiguous contracts, to glean practical drafting advice straight from those charged with deciphering the provisions at issue. We’ll consider the wording of the litigated provisions, the arguments of both parties as to the “correct” interpretation, and the ultimate judicial rendering of the parties’ intended meaning. We’ll discuss specific drafting techniques that would have improved the language and possibly prevented the dispute, as well as recommended substantive content changes to the language based on the judicial construction. The program will feature recent cases on key performance and boilerplate provisions, including:

  • Indemnification
  • Limitations of liability
  • Restrictive covenants
  • Arbitration
  • Assignment
  • Forum selection and governing law
  • Browse-wrap licenses
  • Click-wrap licenses
  • Typical legal expressions and wording glitches

And much more!

What your colleagues have said about previous Lenné Espenschied seminars:

“Content was so practical.  Presentation was engaging.  Fantastic presenter.  The six hours flew by.  Great combo of lecture and involvement.”

“Speaker was dynamic and informative.  In 15 years of CLE, she was the best!  This course should be mandatory!”

“Really interesting take on contract drafting do’s and don’ts even for an old guy like me.”

“It pointed out mistakes I did not even realize I was making.  Great content!”

 

Can't Attend?
Attend one of the 6 video replays offered statewide in September.
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE

8:00 Registration
8:30 The Context of Deciding Contract Cases
10:00 Break
10:15 Recent Indemnification and Limitations of Liability Cases
11:45 Lunch (provided at live program only)
12:30 Key Cases on Restrictive Covenants, Click Wraps, and Browse Wraps
2:00 Break
2:15 Key Cases on Assignments, Forum Selection, Arbitration, and More
3:45 Adjourn

Faculty

ABOUT THE SPEAKER

Ms. Lenné Espenschied / Smyrna, GA

Lenné Eidson Espenschied practiced law in Atlanta, Georgia, for 25 years, focusing on corporate and transactional representation of technology-based businesses.  Now, she is a national speaker who has trained thousands of lawyers in the U.S. and Canada in the art of legal drafting through continuing legal education seminars for bar associations, law firms, and corporate legal departments.  She is the author of two books published by the American Bar Association:  Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 2nd ed. 2015) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). 

After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at Sutherland, Asbill & Brennan; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office.  As law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting at Charlotte School of Law and at the University of Georgia.  Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.

Locations, Dates and Fees

LIVE REGISTRATION FEES (Lunch included)

$305 regular registration (printed materials included).
$320 on-site registration (if space is available) (printed materials included).

LIVE LOCATION AND DATES

RICHMOND (Glen Allen) / Tuesday, August 29
The Place at Innsbrook (Venue Website / Google Map)
4036-C Cox Road
(804) 346-2100

FAIRFAX / Wednesday, August 30
Waterford at Fair Oaks (Venue Website / Google Map)
12025 Lee Jackson Memorial Highway
(703) 352-3200


A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.


Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar. 

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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