Program Details
2025-09-26 14:00:00
Over 1,000+ webinars
Course Overview
2025-09-26 14:00:00
2h CLE Credits
Intermediate
2
2:00 pm - 2:15 pm ESTThis session explores the multiple audiences for contracts—lawyers, clients, and judges—and emphasizes evaluating provisions against actual client needs. Participants will examine how courts enforce contracts between sophisticated parties while recognizing limits around public policy and unconscionability.
Edwin E. Smith
Steven O. Weise. 2:15 pm - 2:30 pm ESTLearn why courts criticize dense, jargon-filled drafting and the consequences of overreaching in contract provisions. This session covers how courts may strike broader portions of agreements when drafters push boundaries too far.
Edwin E. SmithSteven O. Weise. 2:30 pm - 2:45 pm ESTExamine how contracts are validly formed online through click-to-agree mechanisms, scroll-wrap approaches, and continued use provisions. The session addresses the totality of circumstances test courts apply to determine whether parties adopted standard terms and conditions.
Edwin E. SmithSteven O. Weise. 2:45 pm - 3:00 pm ESTThis session covers essential drafting techniques including active voice, proper punctuation, visual formatting, and conspicuousness requirements. Participants will learn best practices for captions, definitions, conditions, tables, and avoiding ambiguity in contract language.
Edwin E. SmithSteven O. Weise. 3:00 pm - 3:10 pm ESTA brief intermission allowing participants to refresh before continuing with the remaining program sessions. Use this time to review materials and prepare questions for upcoming topics.
Edwin E. SmithSteven O. Weise. 3:10 pm - 3:30 pm ESTExplore how courts interpret critical contract words like ‘a,’ ‘shall,’ ‘material,’ ‘arising,’ and ‘relating to’ with potentially outcome-determinative effects. This session also addresses choice of law provisions, forum selection clauses, and their enforcement limitations.
Edwin E. SmithSteven O. Weise. 3:30 pm - 3:50 pm ESTExamine risk allocation provisions including indemnification, exculpation, and limitation of liability clauses, along with their enforceability limits. Learn about non-reliance provisions, integration clauses, modification requirements, and the consequences of overreaching in risk-shifting language.
Edwin E. SmithSteven O. Weise. 3:50 pm - 4:10 pm ESTThis session covers arbitration clauses, statute of limitations modifications, jury trial waivers, and attorney’s fees provisions across jurisdictions. Participants will also learn about force majeure clauses, notice requirements, counting rules, and proper incorporation by reference techniques.
Edwin E. SmithSteven O. Weise.Edwin E. Smith is a Senior Consultant at Morgan, Lewis & Bockius LLP, based in the firm’s Boston and New York offices, where he concentrates his practice in commercial law, debt financing, structured financing, workouts, bankruptcies, and international transactions. Ed is particularly knowledgeable on commercial law and insolvency matters, both domestic and cross-border, and his representations have included major bankruptcies such as Refco, Lehman, the City of Detroit, and PG&E. Chambers USA has noted he “probably knows as much about UCC as anybody in the country.”
Steve Weise is a partner practicing a wide range of commercial law, with particular focus on matters arising under the Uniform Commercial Code, especially Article 9 – Secured Transactions. He is a nationally recognized expert in these matters and is also authoritative on third-party opinion letters, contract law, online contracting, plain English drafting, and boilerplate.
Edwin E. Smith is a Senior Consultant at Morgan, Lewis & Bockius LLP, based in the firm’s Boston and New York offices, where he concentrates his practice in commercial law, debt financing, structured financing, workouts, bankruptcies, and international transactions. Ed is particularly knowledgeable on commercial law and insolvency matters, both domestic and cross-border, and his representations have included major bankruptcies such as Refco, Lehman, the City of Detroit, and PG&E. Chambers USA has noted he “probably knows as much about UCC as anybody in the country.”
Steve Weise is a partner practicing a wide range of commercial law, with particular focus on matters arising under the Uniform Commercial Code, especially Article 9 – Secured Transactions. He is a nationally recognized expert in these matters and is also authoritative on third-party opinion letters, contract law, online contracting, plain English drafting, and boilerplate.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
