An interesting approach to document drafting, this program takes a "backward" look at negotiating a deal—it examines the damages and indemnities that come into play after a breach of contract and offers document crafting guidance to ultimately avoid a breach.
Very often after a commercial contract has been signed, the legal team involved in preparing the contract loses touch with what happens under the contract. If a dispute arises, new counsel will be involved in litigating or otherwise resolving the dispute. The original team rarely receives feedback as to why the contract failed. Those reasons would be an immensely helpful aid for improving the negotiating and drafting skills of the original team.
Very much a drafting tool for the transactional lawyer, this new seminar begins at breach of contract, and explores the differences between the types of damages, the impact each may have on the ability to recover from a breach, and when it would be appropriate to limit the types of damages that may be sought.
Understanding what happens when a contract fails, and how to protect against such failure, provides the document crafter with a competitive edge for negotiating more comprehensive and better binding contracts that are less likely to fail.