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The Most Litigated Terms in Business Agreements (2026 Edition)

Master the contract clauses that drive business litigation. Learn to identify drafting pitfalls, navigate enforceability battles, and deploy strategic tools, from arbitration motions to injunctive relief, before disputes escalate.

2026-03-18 13:00:00

Program Details

2026-03-18 13:00:00

Program Details

2026-03-18 13:00:00

Over 1,000+ webinars

2026-03-18 13:00:00

Course Overview

Draft and Litigate Contract Hotspots

2026-03-18 13:00:00

Attorneys examine the specific provisions most likely to trigger litigation and learn drafting and litigation strategies to reduce risk and shape outcomes. Practical tools are emphasized throughout.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Litigation hotspots
Five contract terms drive the majority of commercial breach-of-contract disputes.
02
Drafting failures
Common ambiguities in indemnification, termination, and integration clauses create litigation risk.
03
Restrictive covenants
Non-compete enforceability varies sharply by jurisdiction, requiring current doctrinal knowledge.
04
Arbitration enforceability
Shifting law on unconscionability and arbitrability drives complex motions practice.
05
Liquidated damages
The penalty doctrine and recent case law challenge the enforceability of standard provisions.
06
Litigation tools
Motions to compel, injunctive relief, and summary judgment shape outcomes at the outset.

Program schedule

clock 1:00 pm - 2:00 pm EST

Litigation Hotspots: Navigating and Drafting the 5 Most Contentious Contract Terms

Examines why indemnification, termination, IP, dispute resolution, and integration clauses repeatedly drive litigation. Attorneys learn common drafting mistakes that create ambiguity and enforceability risk, informed by recent statutory, regulatory, and case law developments.

Robby T. DubeRobby T. Dube
Daniel NewmanDaniel Newman
clock 2:10 pm - 3:10 pm EST

Contract Provisions — How Standard Are They?

Explores how non-compete clauses, mandatory arbitration provisions, and liquidated damages clauses generate litigation despite careful drafting intentions. Attorneys gain practical strategies using motions to compel, injunctive relief, and summary judgment to manage enforceability challenges effectively.

Robby T. DubeRobby T. Dube
Daniel NewmanDaniel Newman
Robby T. Dube

Robby T. Dube

Eckland & Blando

Daniel Newman

Daniel Newman

Nelson Mullins Riley & Scarborough LLP

Robby T. Dube

Robby T. Dube

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.

Education & Credentials

Robby earned his J.D., magna cum laude from the University of Minnesota Law School and is a member of the Order of the Coif. He holds an Honors B.A. in Historical Studies and Political Science from the University of Texas at Dallas.

Recognition & Leadership

He has been recognized as a Super Lawyers “Rising Star” (2023–2025), a North Star Lawyer (2022–2024), and Best Lawyers: Ones to Watch® (2026). He also serves in leadership roles across professional organizations, including in government contracts and broader bar/community initiatives.

Professional Involvement

Robby is an Adjunct Professor at the University of Minnesota Law School, where he teaches a deposition course, and he has served as a mock trial coach at the University of St. Thomas School of Law. He is active in professional organizations supporting government contracts and commercial practitioners.

Experience

Robby litigates complex business disputes and contract cases through motion practice, injunction proceedings, and trial, and he advises clients on drafting and dispute-avoidance strategies that withstand real-world litigation pressure. His experience includes business disputes in specialized industries (including factoring and import/export) and matters involving regulatory and government-contract frameworks (including CMMC and ITAR).
Daniel Newman

Daniel Newman

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.

Education & Credentials

Daniel earned his J.D., cum laude from the University of Miami School of Law (1991) and holds a B.B.A. in Finance from The George Washington University (1988).

Recognition & Leadership

He is recognized by Chambers USA in Litigation: Securities – Florida (including Band 1 recognition on the firm profile) and has been repeatedly listed by The Best Lawyers in America® across securities regulation and litigation categories. He is also recognized as a Benchmark Litigation “Litigation Star” in Securities (2025–2026) and has long-standing recognition as a Florida Super Lawyer.

Professional Involvement

Daniel is a frequent speaker on securities litigation and regulatory issues and currently serves as an Adjunct Professor at the University of Miami School of Law teaching a course on SEC investigations; he has also taught litigation skills as adjunct faculty at Nova Southeastern University’s law school.

Experience

Daniel represents clients in investigations and litigation initiated by securities regulators, advises on and conducts internal corporate investigations, and serves as (or counsels) receivers in matters involving alleged securities fraud with a focus on recovery for investors. His representative matters include defending and prosecuting fraud and breach-of-contract claims, defending public and private entities in regulatory proceedings, and handling large-scale disputes involving significant alleged losses and complex damages issues.
Robby T. Dube

Robby T. Dube

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.

Education & Credentials

Robby earned his J.D., magna cum laude from the University of Minnesota Law School and is a member of the Order of the Coif. He holds an Honors B.A. in Historical Studies and Political Science from the University of Texas at Dallas.

Recognition & Leadership

He has been recognized as a Super Lawyers “Rising Star” (2023–2025), a North Star Lawyer (2022–2024), and Best Lawyers: Ones to Watch® (2026). He also serves in leadership roles across professional organizations, including in government contracts and broader bar/community initiatives.

Professional Involvement

Robby is an Adjunct Professor at the University of Minnesota Law School, where he teaches a deposition course, and he has served as a mock trial coach at the University of St. Thomas School of Law. He is active in professional organizations supporting government contracts and commercial practitioners.

Experience

Robby litigates complex business disputes and contract cases through motion practice, injunction proceedings, and trial, and he advises clients on drafting and dispute-avoidance strategies that withstand real-world litigation pressure. His experience includes business disputes in specialized industries (including factoring and import/export) and matters involving regulatory and government-contract frameworks (including CMMC and ITAR).
Daniel Newman

Daniel Newman

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.

Education & Credentials

Daniel earned his J.D., cum laude from the University of Miami School of Law (1991) and holds a B.B.A. in Finance from The George Washington University (1988).

Recognition & Leadership

He is recognized by Chambers USA in Litigation: Securities – Florida (including Band 1 recognition on the firm profile) and has been repeatedly listed by The Best Lawyers in America® across securities regulation and litigation categories. He is also recognized as a Benchmark Litigation “Litigation Star” in Securities (2025–2026) and has long-standing recognition as a Florida Super Lawyer.

Professional Involvement

Daniel is a frequent speaker on securities litigation and regulatory issues and currently serves as an Adjunct Professor at the University of Miami School of Law teaching a course on SEC investigations; he has also taught litigation skills as adjunct faculty at Nova Southeastern University’s law school.

Experience

Daniel represents clients in investigations and litigation initiated by securities regulators, advises on and conducts internal corporate investigations, and serves as (or counsels) receivers in matters involving alleged securities fraud with a focus on recovery for investors. His representative matters include defending and prosecuting fraud and breach-of-contract claims, defending public and private entities in regulatory proceedings, and handling large-scale disputes involving significant alleged losses and complex damages issues.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.5
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
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Live stream programs

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Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

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10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Approved
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
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Approved
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