Robby T. Dube is a partner at Eckland & Blando whose practice combines high-stakes commercial litigation with deep experience in government contracts and regulatory matters.
Daniel Newman is a partner who litigates complex commercial and securities matters in federal and state courts and in arbitration forums, and he regularly represents individuals and entities in investigations and litigation involving the SEC, DOJ, CFTC, FINRA, and state securities regulators.
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What Will You Learn
Attendees will learn why the most litigated contract terms, indemnity/limitation of liability, termination, IP, dispute-resolution/choice-of-law, and integration clauses, so often become breach flashpoints, and how drafting errors amplify that risk. They will learn how “boilerplate” provisions like non-competes, mandatory arbitration, and liquidated damages have become jurisdiction-sensitive battlegrounds shaped by statutory reform and evolving judicial tests. They will also learn a practical, litigation-ready framework for evaluating enforceability, developing the factual record, and anticipating opposing arguments.
What Will You Gain
Attendees will gain a practical drafting and review framework to tighten definitions, align remedies with deal economics, and reduce ambiguity that drives disputes. They will gain a red-flag checklist for quickly spotting vulnerable language, especially in restrictive covenants, arbitration clauses, and liquidated damages and for stress-testing those provisions by jurisdiction. They will also gain a tactical playbook for shaping outcomes early through forum strategy and targeted procedural moves such as motions to compel arbitration, injunctive relief, and focused summary judgment.
Key topics to be discussed:
Date / Time: March 18, 2026
Closed-captioning available
Robby T. Dube, Partner | Eckland & Blando
Robby T. Dube is a partner at Eckland & Blando whose practice combines high-stakes commercial litigation with deep experience in government contracts and regulatory matters. He represents businesses in state and federal courts nationwide and serves as outside general counsel to companies navigating contract risk, disputes, and compliance. His work spans complex business litigation, claims involving government entities, and administrative law challenges, with a particular focus on litigation-ready contract strategy and practical risk management.
Daniel Newman, Partner | Nelson Mullins Riley & Scarborough LLP
Daniel Newman is a partner who litigates complex commercial and securities matters in federal and state courts and in arbitration forums, and he regularly represents individuals and entities in investigations and litigation involving the SEC, DOJ, CFTC, FINRA, and state securities regulators. He began his career in the SEC’s Division of Enforcement, where he investigated and prosecuted violations of federal securities laws, and his practice today spans contracts, commercial torts, non-compete disputes, shareholder and class actions, and securities fraud matters.
I. Litigation Hotspots: Navigating and Drafting the 5 Most Contentious Contract Terms | 1:00pm – 2:00pm
Whether from poor drafting, conflicting case law, or simply the amounts in dispute, certain key contract terms are the subject of endless litigation. This session will discuss the 5 main contract terms (and a few other honorable mentions) that are most litigated, what can be done at the drafting stage to reduce the risk of litigation, and some key case law or statutory/regulatory developments that have affected breach of contract disputes recently.
Session I explains why familiar clauses repeatedly drive breach-of-contract litigation and examines five hotspots: indemnification/limitation of liability, termination, IP, dispute resolution, and integration/merger. It also flags recurring flashpoints like non-competes, NDAs, and force majeure. Attendees learn common drafting mistakes that create ambiguity and enforceability risk, informed by recent legal developments.
Break | 2:00pm – 2:10pm
II. Contract Provisions — How Standard Are They? | 2:10pm – 3:10pm
In this session, we will explore three types of “conventional” contract provisions that often give rise to litigation: non-compete clauses, “mandatory” arbitration provisions and liquidated damages clauses. Recent developments in the law have impacted on the construction and enforceability of such provisions and have spawned disputes despite the drafters’ best intentions. If you find yourself litigating these issues, this session will provide you with some of the practical considerations that must be borne in mind in approaching that litigation.
This session shows how “boilerplate” can become a litigation trigger, focusing on non-competes, mandatory arbitration, and liquidated damages. It explains how shifting law and jurisdiction-specific doctrine drive enforceability fights, including scrutiny of restrictive covenants, unconscionability/arbitrability disputes, and the penalty doctrine. Attendees gain practical drafting and litigation strategies to reduce challenges and shape outcomes early through record-building, forum strategy, and tools like motions to compel arbitration, injunctive relief, and summary judgment.
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 Substantive
Pending CLE Approval
2 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
120 General minutes
Approved for CLE Credits
2.4 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Not Eligible
2 General Hours
Approved for CLE Credits
2 General
Approved via Attorney Submission
2 Law & Legal Hours
Pending CLE Approval
2 General
Pending CLE Approval
2.4 General
Pending CLE Approval
2 General
only $395 yearly
only $395 yearly