Contract Law CLE

Electronic communications and e-signatures have amplified the speed and number of contracts entered into everyday. The rapid changes in technology have also imposed rapid changes on a legal system that is traditionally slow to adapt - the Uniform Electronic Transaction Act has been implemented in almost every state for close to 20 years, yet many attorneys still insist on printing, signing and scanning signature pages. In this CLE course, attorney and eDiscovery specialist Aaron Cronan will cover some of the most important implications for contract formation and enforcement in the digital age. He will focus on a legislation overview, electronic signatures, Statute of Frauds, UCC, assent of the parties, Browser/Clickwrap, and best practices. This session will include examples and case law from across the county to identity trends and traps.

With the increasing legal complexities in the live performance industry, lawyers, agencies, promoters, managers and talent buyers have had to re-examine their template agreements and legal protocols related to performers and entertainment. In this CLE course, you will learn more about the intricacies of the live performance industry, primary agreements within the industry, how the industry is evolving, and how you can protect your clients in the industry.

With the increasing legal complexities in the live performance industry, lawyers, agencies, promoters, managers and talent buyers have had to re-examine their template agreements and legal protocols related to performers and entertainment. Learn more about the intricacies of the live performance industry, the primary clauses within the industry’s agreements, how the industry is evolving, and how you can protect your clients in the industry.

Welcome to NFL Contract Advisors – “So You Want To Be An Agent…” A big part of sports law is getting agents ready for the obligations of managing high-profile clients. And that’s where lawyers come in. NFL Contract Advisors covers NFLPA certification requirements, agent eligibility, standards of conduct and prohibited actions, key points of agent-player contracts and player-team contracts, and the NFL’s personal conduct policy. And most importantly, we’ll look at some recent episodes of “bad client behavior” in the NFL (aka – The 3 AM Phone Call). Stories include a mercurial QB skipping a game to party (in disguise) in Las Vegas, a star wide receiver allegedly throwing furniture off a 14th floor Florida condo balcony, the league’s highest-paid player bankrolling a dog fighting operation, and of course…“DeflateGate.”

Assisted Reproductive Technology (ART) law involves complex and sensitive issues that prompt a number of drafting concerns for attorneys. In this program, Colleen Marea Quinn guides attorneys through the important and fundamental considerations surrounding ART law and basic ART contract drafting. First, Ms. Quinn covers the basics of family formation through ART and relevant medical terms. Then she addresses drafting pre-requisites and what information must be gathered prior to contract drafting as well as useful resources. Next she provides an extensive road map that incorporates specific structural techniques to help demystify the ART contract. Finally, Ms. Quinn provides an overview of necessary contract provisions covering everything from pre-screening, physical exams & psychological evaluations, and payment methods to labor notification, breaches and remedies. Do not miss this introduction to ART law and the fundamentals of ART contract drafting.

As more and more physicians and other healthcare practitioners enter the workforce, employers, whether they are hospitals, clinics or private practices, are updating their employment contracts to be more restrictive against practitioners. It is important when reviewing these contracts, not only to confirm that the terms of the offer are correctly included within the contract, but that practitioners will not be prevented from practicing within their field and/or within a reasonable area should their employment be terminated. In order to negotiate on their behalf, you need to understand the language utilized within the industry, including HIPAA, billing procedures, payment structures and restrictive covenants. This course will provide you with an overview of the key aspects, clauses and terms common to healthcare employment agreements. You’ll have a better understanding of whether the contract terms are reasonable in their scope, whether practitioners will have the ability to continue to provide services should they leave the employment and how to identify missing language that should be included in order to protect the practitioner.

In this course you will learn the basics of construction contracts and key terms that are often included agreements. We will address key payment provisions that should be carefully considered and evaluated in contracts as well as dispute resolution options and how to best draft them to suit individual needs. We will also cover the types of key disclosures to make in construction contracts to stay in compliance with state regulations.

Working well with others is one key to a successful business. Drafting strategically prepared collaboration agreements can be one of the most valuable services you can provide to your small business and startup clients. This course explains how to prepare for, and then draft agreements, collaboration agreements that will keep your clients’ businesses running effectively and keep them out of court.

Relocating a professional sports franchise name may seem as simple as selecting a new city, building a new stadium, and changing the team's name. In this course, we analyze some of the major legal obstacles that can appear when relocating a professional sports team—specifically the St. Louis Rams—where a beloved NFL franchise moved from the Midwest to Los Angeles. We also examine the legal battle that ensued and future implications for sports teams looking to relocate.

In this program we will identify options for government resources to provide for in-home or community based care care through Medicaid, Veterans Benefits and Private Pay solutions, review eligibility requirements for these programs and strategies to advise clients who may not currently meet eligibility criteria on how to position themselves to take advantage of the programs. We will also discuss common pitfalls when entering into a family caregiving arrangement and how to avoid them.

HIPAA celebrated its 25th birthday in August 2021. Given the current climate of increased cyberattacks and regulatory scrutiny, compliance is more important than ever. This webinar focuses on risk mitigation in relation to having adequate technical, administrative, and physical safeguards, as well as ensuring that the Privacy Rule’s obligations are met. The goal is to utilize recent civil and criminal enforcement actions to set the stage for utilizing NIST and other standards to avoid violations of HIPAA and the related laws – the HITECH Act, 21st Century Cures Act, and 42 CFR Part 2.

For over a century, the National Collegiate Athletic Association (“NCAA”) prohibited student athletes from being compensated for the use of their name, image and likeness (“NIL”). Long standing NCAA bylaws characterizing student athletes as amateurs barred these students from fully capitalizing on their own talent, athleticism and labor. Over the years, student athletes grew increasingly critical of the NCAA, universities, and corporate structures that earned millions of dollars through marketing, promoting, and televising students’ NILs without payment to the athletes. Eventually, athlete criticism evolved into a movement wherein lawsuits, the enactment of new state laws, and revised NCAA bylaws now permit student athletes to be compensated for their NIL. This program will review the basics of NIL agreements and provide academic institutions with general factors to consider when student athletes, enrolled in their programs, are approached with NIL agreements. Legal professionals, coaches, and student athletes will benefit from the course’s historical discussion of NILs, summary of new state laws, and updated NCAA rules, as well as practice tips for avoiding predatory contract terms and managing the power imbalance between student athletes and entities seeking to profit from their NIL.

Risk-shifting of the duties and obligations of the parties to a business contract is a fundamental aspect of the contract.   The terms and provisions of the contract that shift risk can and should vary depending on the risks involved and the ability to respond to liability or obligation.  Indemnification provisions in a business contract is one of the primary tools for allocating the risks between the parties.  However, indemnification provisions themselves can and do create their own issues between the parties.

Brand owners in the packaged food business often contract out many of their essential functions – from product development to manufacturing, sales, and distribution. This course introduces participants to several of the most common contracts that CPG food brands need, especially in their early stages. Lauren Handel of Handel Food Law LLC will provide background on important aspects of the food business that must be considered in crafting and negotiating contracts for brand owners. She also will explain key provisions of five common agreements: non-disclosure, product development, co-manufacturing, sales representation, and distribution.

Through the context of a mock technology-assisted deal, this hour-long presentation aims to educate attendees on how to leverage technology to mitigate risk throughout the due diligence and deal closing process and why now, more than ever, embracing technology is necessary for legal practitioners to stay afloat in the era of digitalization.

Noncompetes are clauses in employment contracts that restrict employees from taking new jobs with competitors. As a type of restrictive covenant, they have been around for centuries. In this course, Russell Beck will go over different sorts of noncompetes and how have they've been regulated historically. He will also cover the economic impacts of noncompete agreements and recent legislative and regulatory proposals at the state and federal levels to help you advise your clients about noncompetes.

Contracting with the Federal Government is not like a business deal between two companies or a contract between a consumer and a commercial contractor. Thus, advising a Government contractor is not like advising another business client. This course will explore those differences. Among other topics, we will discuss the unique rights that the Government gives itself, what a contractor needs to know to protect itself, and what the risks are for a contractor that does not understand its legal obligations.

Contracting with the Federal Government is not like a business deal between two companies or a contract between a consumer and a commercial contractor. Thus, advising a Government contractor is not like advising another business client. This course will focus on how the Government uses its contracts to further its socio-economic agenda-from affirmative action and equal employment opportunity to prevailing wages and fringe benefits to incentivizing vaccination against COVID-19. This course also will discuss the risks for contractors that do not understand their legal obligations.

This CLE course will provide guidance for attorneys when drafting cloud computing services contracts for clients. The course will highlight key terms in these contracts and discuss how they differ from traditional software license terms as well as address various common mistakes made by attorneys in cloud computing agreements. The course will take a deep dive into important industry trends, pre and post contract diligence, as well as key contract provisions, including service availability, service levels, and client data issues.

In this program, Sean Smith will discuss how to avoid unforeseen consequences from using unnecessary and misunderstood boilerplate terms when drafting contracts. The clauses in a contract added from boilerplate language are often overlooked and infrequently negotiated. We will review the most common types of boilerplate clauses and what to consider when determining whether to use them in your clients’ contracts.

This course is designed as a basic course for counsel with limited knowledge of franchise law and will introduce the basic legal considerations in franchising, whether you are representing a franchisor or a franchisee. We will cover the legal definition of a franchise and review the federal and state laws governing the franchise relationship. We will also explore where to find information regarding franchise brands, the dangers of becoming an accidental franchise, and some other legal considerations, beyond contract law, to keep in mind when representing the franchisor or the franchisee.

This course is designed for counsel representing a franchisee in evaluating their decision to purchase a franchise business. We will discuss the role of franchisee counsel, practical considerations for deciding whether to acquire a franchise and how to prepare for reviewing a franchise opportunity. We will also cover how to determine which laws apply and why this matters to the review, the top 13 risk analysis issues, key tips for negotiating an addendum, and additional resources for franchisee counsel.

Easements play an important role in modern property law, granting certain non-possessory rights to individuals and entities over land they do not own. This course provides an overview of easements, exploring their nature, creation, enforcement, and termination. In particular, this course will focus on the impact of easements on land use applications, such as for site plan review or zoning variance. Participants will gain an understanding of the legal principles governing easements, along with insights into emerging trends in easements in regard to property law, with emphasis remaining on their effect on land use applications filed with local and county planning and zoning boards. This course is designed for attorneys and legal professionals seeking to improve their understanding of easement law.

This one hour presentation will analyze the essential terms in supply chain agreements including, warranty provisions, consequential damages, indemnification, force majeure, and termination. We will discuss best practices for drafting. We will discuss best practices for attorneys when crafting such provisions.

Surrogacy contract drafting raises complex and delicate issues relating to attorney ethics. This advance program will explore ethical considerations and best practices when drafting surrogacy contracts. Attorney Colleen Quinn will address provide a tactful analysis of issues such as contingency or “what if” planning, managing client expectations, planning for enforceability and parentage, and where attorneys should or should not be involved.

In this course, attorney Nate Osborn, will provide a detailed overview of the essential aspects of drafting real estate operating agreements. This course will take attorneys through the steps of drafting real estate operating agreements and help them understand the related legal considerations involved. Attorneys should walk away from this course with a practical understanding of how to best advise clients who want to form a real estate LLC.

This course will examine the nuts and bolts of a successful tender. Whether your client is tendering to another entity and/or carrier or whether your client has been tendered to, this course will walk you through the process. This course also examines contractual indemnity provisions commonly found in many contracts and the impact said provisions may have on the tender.

This course will examine additional insured coverage under liability policies. The course examines when to tender, how to tender, and what to rely upon when tendering to an insurance carrier. This course also examines common language found in general liability policies and frequently used additional insured endorsements. The course also examined what happens when there are multiple policies that insure the same entity.

The federal government marketplace offers a wide range of contracting opportunities for companies. From products to services in just about every form and size you can imagine. But navigating the rules and regulations that come with being a federal contractor or subcontractor can be challenging and increase compliance risk. In this updated course, we will explore the basics you need to know to help clients planning to conduct business with the U.S. federal government. We will also suggest strategies to mitigate compliance risk for clients dealing with the federal government.

Poor due diligence can result in mergers and acquisitions failing to meet their goals and disregarded H&R considerations can be a chief offender. In today’s course, attorney Chuck Dalziel, will walk attorneys through detecting potential employment-related liabilities and avoiding mistakes during integration and transition planning during mergers and acquisitions.

Federal requirements, unique processes and, in general, dealings with the United States government as a sovereign actor in connection with U.S. federal procurement matters can put government contracts attorneys in difficult positions when advising clients.The post-pandemic rise of remote and hybrid work has only exacerbated issues in some of these areas. This course explores common ethical issues faced by government contracts lawyers and suggest strategies for mitigating risk of noncompliance. Through exploration of commonly occurring factual scenarios, we will assess the potential ethical issue(s), analyze relevant Model Rules guidance, and discuss best practices for how to handle these situations when they arise. As is evident, for some of these matters there is no “one size fits all" approach, but careful attention on the front end to potential ethical challenges is essential.