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Fundamental Concepts in Drafting Contracts: What Most Attorneys Fail to Consider

SKU: CON700
Total Credits
3 - 3.6
Price$150
  • Online Access
  • Smartphone
  • iPad/iPod/Tablets
  • CDs/DVDs

Description

The reduction to writing of an agreed-upon understanding among parties can sometimes be viewed as a cursory step in formalizing a business relationship. Yet the manner in which concepts are expressed on a page is often as important as the concepts themselves. Solid contract-drafting skills are therefore essential tools to any attorney who deals with transactions or business relationships. Unfortunately, although contract counterparties might have the best of intentions, many contracts—even those drafted by experienced attorneys and those relating to the most prominent of transactions—are plagued with ambiguities, inconsistencies, unintended imprecision, and “bloat” from unnecessary legalese, rendering them confusing, risky, and potentially very costly.

Fundamental Concepts in Drafting Contracts: What Most Attorneys Fail to Consider is a course designed to convey fundamental—but often unconsidered—principles to assist attorneys with drafting, analyzing, and interpreting contracts. Unlike many other contract-drafting courses, this course focuses on the manner in which concepts are expressed in a contract, rather than the substance of any provision or contract in particular.

Topics include:

  • the importance of language in contracts
  • categories of contract language (including language of performance, obligations, prohibitions, discretionary language, representations, acknowledgments, and language of policy)
  • the distinction between shall, will, and must
  • conditional language
  • language of exception and subordination
  • the concept of deemed
  • references to time
  • ambiguities associated with and, or, and and/or
  • legal archaisms

Lecturer Bio

Vincent R. Martorana, Esq.

Vincent's practice includes the representation of clients in domestic and cross-border mergers, stock and asset acquisitions and divestitures, joint ventures, strategic alliances, licensing arrangements, corporate restructurings, private equity investments, and securities offerings. He also regularly provides advice on corporate governance and state laws governing business entities (including Delaware and New York corporate, partnership, and limited liability company law). Vincent has represented a wide range of clients—from start-up and early-stage companies to well-established enterprises—in various industries, including technology, healthcare, pharmaceutical products, consumer products, and energy.

Vincent has extensive experience providing advice on contract drafting, analysis, and interpretation relating to disputes, settlements, and negotiated transactions. He has presented his continuing legal education contract-drafting courses for in-house legal departments and at various other venues, including Practising Law Institute, Strafford Webinars, The Business Development Academy, the American Bar Association, the New York State Bar Association, the New York City Bar Association, the New York County Lawyers Association, the Brooklyn Bar Association, the Suffolk County Bar Association, and the Westchester County Bar Association.

To learn more about Vincent R. Martorana or to contact him click here www.reedsmith.com/vincent_martorana



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