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

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

2025-08-20 13:00:00

Program Details

2025-08-20 13:00:00

Program Details

2025-08-20 13:00:00

Over 1,000+ webinars

2025-08-20 13:00:00

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Trusted by Legal Professionals

1000+

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24/7

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Trusted by Legal Professionals

1000+

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24/7

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70,000+

Trusted by Legal Professionals

Course Overview

Mastering Contract Drafting and Dispute Prevention

2025-08-20 13:00:00

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.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Enforceability
Verify offer, acceptance, consideration, and express quantity terms for UCC contracts.
02
Battle of Forms
UCC Section 2-207 modifies mirror image rule; additional terms become proposals for addition.
03
Force Majeure
Without express contractual provision for specific causes, the excuse is unavailable.
04
Warranty
Tie warranties to agreed specifications and conspicuously disclaim implied warranties under UCC 2-316.
05
Indemnity
Clearly define triggers, scope, and limitations; align indemnity provisions with warranty provisions.
06
AI Tools
Use AI for efficiency while maintaining attorney judgment and protecting confidential information.

Program schedule

clock 1:00 pm - 1:20 pm EST

Fundamental Concepts and Key Provisions in Contract Drafting

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 FrommAndrew Fromm
Joshua ZemanJoshua Zeman
clock 1:20 pm - 1:40 pm EST

AI Risks and Opportunities in Contract Review

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 FrommAndrew Fromm
Joshua ZemanJoshua Zeman
clock 1:40 pm - 2:00 pm EST

Incorporation by Reference and Battle of Forms

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 FrommAndrew Fromm
Joshua ZemanJoshua Zeman
clock 2:10 pm - 2:40 pm EST

Key Dispute Clauses: Force Majeure, Warranties, and Indemnity

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 FrommAndrew Fromm
Joshua ZemanJoshua Zeman
clock 2:40 pm - 3:10 pm EST

Data Protection, IP, and Limitation of Liability

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 FrommAndrew Fromm
Joshua ZemanJoshua Zeman
Andrew Fromm

Andrew Fromm

Brooks Wilkins Sharkey & Turco PLLC

Joshua Zeman

Joshua Zeman

Brooks Wilkins Sharkey & Turco PLLC

Andrew Fromm

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

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.
Andrew Fromm

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

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Legal updates that every attorney needs to know

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Approved

Alabama

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

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs