Real World Document Drafting?: Form, Style, and Substance - CLE ...

Why Attend?

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Learn How?To Draft Effective Documents That Protect Your Clients!

Document drafting can be as important to the long-term success of a deal as the negotiation of the deal itself.?? ALI-ABA's Real World Document Drafting ? : Form, Style, and Substance course examines the legal principles, skills, and underlying business principles related to negotiating and drafting a broad range of contracts.? Taught by Marvin Garfinkel, a practitioner with extensive transactional practice and teaching experience, this unique course shows you how to draft precise legal documents that not only articulate the terms of the deal, but also foster business relationships and reduce the risk of future litigation.

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What You Will Learn

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This comprehensive program integrates the legal principles, skills, and experience related to negotiating and drafting a wide range of contracts and other documents. It explores the underlying principles of contract law that apply to specific contract provisions and considers alternate ways to resolve issues in the document negotiation process. The focus is on producing readily comprehended legal documents that can serve as roadmaps for business relationships and can reduce the possibility of related litigation. Throughout the day, the isntructor will respond to participants' comments and questions.

Topics include:

Preliminary Considerations in Contract Drafting

Use and Misuse of Recitals and Definitions

Good Drafting Practices

Dealing with Potential Ambiguities

Let's Frustrate the Litigators

Default Provisions

Choice of Law and of Forum

Indemnification and Exculpatory Provisions

Consent and Approval Provisions

Warranties and Representations

Alternate Dispute Resolution

Market Shift Accommodation Provisions

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Who Should Attend

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Attorneys and other professionals who regularly negotiate and draft documents and want to improve their contract drafting skills should attend this one-of-a-kind webcast.

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Planning Chair

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?Marvin Garfinkel,?Of Counsel at Drinker Biddle & Reath LLP in Philadelphia, is an?experienced transactional lawyer, who has lectured and chaired courses for ALI-ABA and numerous other organizations. His areas of expertise include real estate law, including financing, defaults and workouts, common interest properties (condominiums, home owner associations, etc.), shopping center and other commercial development and commercial leasing, and business transactions.? His intellectual property subspecialties include distribution and licensing relationships and trademarks.

?Mr. Garfinkel's extensive writings have been published in legal journals and trade publications.? He has advised and served on the editorial boards of a number of legal publications, statutory drafting commissions, and projects, as well as on several Uniform Law drafting and study committees, including those involved in drafting various articles of the UCC.? He was an Adviser on several American Law Institute Property Law Restatements.? Mr. Garfinkel is the author of the recently published book, Real World Document Drafting: A Dispute-Avoidance Approach????(ALI-ABA 2008).? For more information about Mr. Garfinkel, visit his website at www.realworlddocs.com.

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Special Offer: Attend this course and receive a free copy of Marvin Garfinkel's best-selling book, Real World Document Drafting?. ($159 value) and free access to the on-demand version of this program which includes an additional hour of valuable material that you can view at your convenience.

Program Schedule

?Program Times?

Morning Session

8:30 a.m.? Registration

9:00 a.m.? Morning Session

12:00 p.m.? Lunch Break

1:00 p.m.??Afternoon Session

4:00 p.m.? Q&A Session with Marvin Garfinkel

4:30 p.m.? Adjournment

Detailed Program Topics?

Introduction, preliminary considerations, starting out right, drafting=negotiation, understanding the deal and your client, issue identification, third party consents, transaction phases, document format and structure, letters of intent and term sheets, first draft advantages and disadvantages, incorporation by reference,?use and misuse of recitals, amendments??

Use and misuse of definitions, legalese, topographic devices, format and organization of documents, disposition of drafts in progress, significance of negotiation history, good drafting practices,?describing time periods, advantages of multiple sentences, avoiding variety and exceptions

Ambiguities: definition, drafting standard, patent vs. latent ambiguities, syntactical ambiguities, misplaced phrases, ambiguous modifiers, the serial comma - use it, doctrine of the last antecedent

Let's Frustrate the Litigators ? plain meaning or four corners rule, gap fillers, levels of performance including ?best efforts,? good faith, and fair dealing, objective vs. subjective performance criteria

Default provisions including ?Yellowstone? issue, the incurable default, liquidated, consequential, and punitive damage provisions, and termination and other forfeiture provisions; severance clauses, force majeure, future amendments, oral modification, contracts of adhesions????

Choice of law and of forum, indemnification and exculpatory provisions, consent and approval provisions, warranties and representations, knowledge representations, market shift protection devices, most favored nation clauses, third party offer provisions, anti-waiver provisions, succession provisions, alternate dispute resolution

Total 60-minute hours of instruction: 6.5; total 50-minute hours: 7.8

Please note that MCLE approval will be available in the following states only: PA, DE, NJ, and NY. If you have a question about MCLE credit for another state, please e-mail Kathy Montgomery at kmontgomery@ali-aba.org

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Here's what registrants have said about this course:

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"Excellent course!? Mr. Garfinkel is extremely knowledgeable. He made a dry subject interesting."

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"I have been drafting contracts for over 15 years without the benefit of a course like yours. A course like yours would have saved me a lot of pain along the way."

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"Practical and interesting.? It should be a required course for all novice commercial lawyers (and for many experienced lawyers, too)."

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Accommodations

The course will be held at the ALI-ABA Conference Center, 4025 Chestnut Street, 4th Floor, in Philadelphia?s University City neighborhood. Although there is no onsite parking available, there are plentiful metered parking spaces right outside our door, as well as several public garages and lots within a few blocks. It also can be easily reached from the 40th Street stop on the SEPTA Market-Frankford line.

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Tuition for this Live Course is $299.00.

Tuition for the live course includes admission to all sessions, a set of electronic course materials before the course, hard copy course materials at the course and online access to the archived program after the course. In addition Continental breakfasts and refreshment breaks are provided daily.

To register, simply choose one of the methods below:

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If you prefer not to order online you can order by Phone or Fax:

Phone: 800-CLE-NEWS (800-253-6397) (Reference Course Code: CT511)

PDF Order form - FAX: 215-243-1664 (Reference Course Code: CT511)

Source: http://ali-aba.org/CT511

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