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The Contract Provisions That Will Get You Sued: How to Spot, Fix, and Win on the Red-Lines That Matter

2025-08-20 13:00:00

2025-08-20 13:00:00

Contract drafting essentials covering enforceability, key provisions, AI tools, and clauses that commonly lead to disputes.

2025-08-20 13:00:00

Contract drafting essentials covering enforceability, key provisions, AI tools, and clauses that commonly lead to disputes.

2025-08-20 13:00:00

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Trusted by Legal Professionals

Course Overview

Mastering Contract Drafting and Dispute Prevention

Participants will learn essential strategies for drafting enforceable contracts and identifying provisions that frequently lead to litigation. These practical techniques help attorneys protect clients and avoid costly disputes.

Enforceability Fundamentals

Verify core requirements for binding agreements.

Terms Integration

Navigate incorporation, modification, and forms battles.

Critical Provisions

Draft warranty, indemnity, and force majeure clauses.

AI Implementation

Leverage technology while managing confidentiality risks.

Course Overview

Mastering Contract Drafting and Dispute Prevention

Participants will learn essential strategies for drafting enforceable contracts and identifying provisions that frequently lead to litigation. These practical techniques help attorneys protect clients and avoid costly disputes.

Enforceability Fundamentals

Verify core requirements for binding agreements.

Terms Integration

Navigate incorporation, modification, and forms battles.

Critical Provisions

Draft warranty, indemnity, and force majeure clauses.

AI Implementation

Leverage technology while managing confidentiality risks.

Why Attend

Why this 
program matters

Understanding contract drafting and review fundamentals is essential for legal practitioners to prevent costly disputes, ensure enforceability, and protect client interests in commercial transactions.
9.2%
Average annual revenue lost by businesses due to contract mismanagement, including slow negotiations and missed milestones. (World Commerce & Contracting Study)
$91k
Median cost to litigate a contract dispute in the U.S. in attorney fees and court expenses. (Rocket Lawyer 2024)
$870B
Global annual business spending on dispute resolution, highlighting the significant financial impact of contract conflicts. (U.S. Chamber of Commerce)
91%
Percentage of businesses that reported experiencing contract-related issues in the past year. (Juro 2022)

Agenda

Session 1

Fundamental Concepts and Key Provisions in Contract Drafting

Session 2

AI Risks and Opportunities in Contract Review

Session 3

Incorporation by Reference and Battle of Forms

Session 4

Key Dispute Clauses: Force Majeure, Warranties, and Indemnity

Session 5

Data Protection, IP, and Limitation of Liability

clock 1:00 pm - 1:20 pm EST

Fundamental Concepts and Key Provisions in Contract Drafting

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

This session covers the essential building blocks of enforceable contracts, including offer, acceptance, consideration, and UCC quantity requirements. Attendees will learn critical due diligence steps for verifying contracting parties, confirming mutual assent, and ensuring red-light provisions like indemnity and termination clauses are enforceable.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

clock 1:20 pm - 1:40 pm EST

AI Risks and Opportunities in Contract Review

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Explore how AI tools can dramatically reduce contract review time by identifying missing provisions and flagged terms in draft agreements. This session also addresses critical limitations including fabricated citations, confidentiality concerns, and why AI cannot replace attorney judgment on industry-specific issues.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

clock 1:40 pm - 2:00 pm EST

Incorporation by Reference and Battle of Forms

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Master the legal requirements for effective incorporation by reference, including proper notice and document identification standards. This session examines integration clauses, contract modification rules, and navigating UCC Section 2-207’s battle of the forms framework when parties exchange competing terms.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

clock 2:10 pm - 2:40 pm EST

Key Dispute Clauses: Force Majeure, Warranties, and Indemnity

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Learn to draft comprehensive force majeure provisions informed by COVID-19 lessons and understand why common law impracticability doctrines provide minimal protection. This session covers warranty drafting tied to objective specifications, indemnity provision structuring, and strategic considerations for forum selection and fee-shifting clauses.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

clock 2:40 pm - 3:10 pm EST

Data Protection, IP, and Limitation of Liability

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Address emerging data protection risks including AI learning concerns and state privacy law compliance requirements. This session covers intellectual property transfer provisions, implementing limitation of liability clauses, and ensuring these provisions interact properly with warranty and indemnity terms throughout the contract.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

01 05
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Key topics that will be covered

What will you learn

Attorneys will learn practical contract drafting and review practices, including key provisions that frequently lead to disputes and techniques for ensuring agreement enforceability.

What will you gain

Attorneys will gain strategies for using AI tools effectively in contract review while understanding current limitations, confidentiality concerns, and the need for attorney judgment.

Enforceability
Verify offer, acceptance, consideration, and express quantity terms for UCC contracts.
Battle of Forms
UCC Section 2-207 modifies mirror image rule; additional terms become proposals for addition.
Force Majeure
Without express contractual provision for specific causes, the excuse is unavailable.
Warranty
Tie warranties to agreed specifications and conspicuously disclaim implied warranties under UCC 2-316.
Indemnity
Clearly define triggers, scope, and limitations; align indemnity provisions with warranty provisions.
AI Tools
Use AI for efficiency while maintaining attorney judgment and protecting confidential information.

What will you learn

Attorneys will learn practical contract drafting and review practices, including key provisions that frequently lead to disputes and techniques for ensuring agreement enforceability.

What will you gain

Attorneys will gain strategies for using AI tools effectively in contract review while understanding current limitations, confidentiality concerns, and the need for attorney judgment.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Andrew Fromm is a litigation partner and commercial counselor who specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues including NHTSA.

Experience

Andrew has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. He has extensive experience representing international Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies. Andrew routinely counsels C-suite executives and senior management on contract and commercial strategies to achieve business goals, minimize risk, and resolve disputes.

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Andrew Fromm is a litigation partner and commercial counselor who specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues including NHTSA.

Experience

Andrew has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. He has extensive experience representing international Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies. Andrew routinely counsels C-suite executives and senior management on contract and commercial strategies to achieve business goals, minimize risk, and resolve disputes.

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Josh Zeman is an attorney who concentrates his practice in complex commercial litigation and counseling, with an emphasis on automotive supply-chain disputes involving contract drafting, breach of contract claims, and related business torts.

Experience

Josh advises automotive suppliers on matters involving price negotiations and disputes, cost recovery claims, investment disputes, and indemnity claims. He also advises companies and individuals on commercial matters including closely held business disputes, regulatory matters, and employment disputes. Before entering private practice, Josh clerked for Judge Mark A. Goldsmith in the United States District Court for the Eastern District of Michigan and worked as a research attorney at the Michigan Court of Appeals. Josh previously worked at a national law firm and represents clients in federal and state courts and in arbitrations, both in Michigan and across the country.

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MCLE Credits

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Pending
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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.  

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