Negotiating in the Shadow of Litigation

About the Course:

This session provides keen insights into a wide range of issues associated with negotiating and drafting contracts with a view to avoiding litigation. This course is full of actionable and practical tips. If you don't know the answers to questions such as these, you really should listen to this webinar:

  • Is it advisable to use industry terms in contracts? Are such terms generally deemed to be ambiguous or unambiguous?
  • What are the risks associated with Letters of Intent being too detailed?
  • Which parts of Letters of Intent are generally binding?
  • What are examples of negotiating Letters of Intent in good faith?
  • What are integration clauses and what is the significance?
  • What are escalation provisions and when are they best utilized?
  • How difficult is it to break contracts with the unconscionability argument?
  • Which considerations regarding the selection of mediators should be included in contracts?
  • How can you prevent the time spent mediating from exhausting Statutes of Limitations?
  • How does arbitration compare with litigation in terms of costs? Scope of discovery? Dispositive motion practice? Rules of evidence? Ability to appeal?
  • What are the benefits of including confidentially provisions in arbitration agreements?
  • Why should you consider including emergent relief carve outs in arbitration agreements?
  • What are post-settlement settlements? When should they be used?

Course Leader: Jeffrey A. Carr, Partner, Pepper Hamilton LLP

Mr. Carr concentrates his practice in commercial litigation and, in particular, disputes involving contracts, business transactions, franchise and distribution, real estate, product liability and environmental law. Mr. Carr handles matters in federal and state courts, as well as in private arbitrations.

In addition to representing clients in litigation, Mr. Carr also counsels clients on emerging e-discovery and document retention issues. He also regularly counsels manufacturers, distributors, franchisors and franchisees on their respective rights and obligations under various relationship statutes and on contract issues.

Mr. Carr is a frequent writer and presenter on electronic discovery and document retention issues.

Course Length: Approx. 1.5 hours

$295.00 PER USER

Purchase Now:

Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at