Tuesday, June 9, 2020
9:00 AM - 4:00 PM
Concrete Advice for In-House Counsel Handling:
Don’t miss this practical seminar featuring an impressive faculty roster of experienced in-house counsel and private practitioners!
Originally presented October 7, 2019
Welcome & Introduction (5 MINUTES)
How to Create Enforceable and Effective Restrictive Covenants (45 MINUTES)
Agreements containing restrictive covenants, non-competes, non-solicits, non-disclosures, and similar restrictions often arise in corporate deals. In that context, employers seek to guard the assets that are subject to the deal, retain key employees following the deal, and protect goodwill and information resulting from future departures of those key employees. The session will help the non-employment business attorney create an enforceable and effective restrictive covenant agreement to protect your client’s investments.
– Chris Amundsen, Katie M. Connolly & Joel O’Malley
Indications of Interest, Letters of Intent, and Term Sheets – Practical Advice for M&A and Other Deal Contexts (45 MINUTES)
Topics include: Advantages and disadvantages of indications of interest, letters of intent and term sheets; Their strategic use; Essential provisions; When and whether they should be signed; And more.
– Jonathan L.H. Nygren & Katie Verschelden
Exclusivity, Most Favored Nations, and Other Antitrust Issues in Contracts (45 MINUTES)
Government anti-trust enforcement is vigorous and private antitrust lawsuits are increasing. Contracts are often a critical piece of evidence in establishing an antitrust violation. How do you spot antitrust issues in contract negotiations, evaluate antitrust risks, and achieve the client’s business goals without unacceptable risk? And how do antitrust issues affect the negotiation of contracts, especially when one party has leverage over the other?
– Gretta A. Hanson & Jaime L. Stilson
Contractual Risk Transfer – Strategic Practice Tips (45 MINUTES)
This session discusses strategic practice tips regarding contractual risk transfer in the areas of representations and warranties, indemnity, and limitation of liability. Specifically, we will examine those contractual issues both from the perspective of the buyer and seller in purchase-supply agreements, and we will address special considerations regarding service agreements.
– Evan R. Berman
Ethical Considerations in Contract Drafting and Negotiation (60 MINUTES)
1.0 ethics credit applied for
A real-world look at contract drafting and negotiation scenarios that generate legal ethics issues…and how to anticipate and handle them effectively and ethically.
– Debra L. Hovland & Susan M. Humiston
IP Provisions in 8 Types of Common Contracts – Avoiding or Dealing with Problematic Provisions (60 MINUTES)
Commercializing intellectual property is the gold rush of the 21st century. Contracts that may not even contemplate the creation of a patentable invention or copyrightable work include IP provisions. This session will consider the background rules and contractual provisions governing the development, ownership and exploitation of intellectual property rights. It will discuss how to negotiate IP assignment and license clauses and how to spot and react to problematic IP provisions in: Employee Agreements; Assignment Agreements; M&A: Asset Purchase Agreements (and auxiliary IP License Agreements); License Agreements; Confidentiality: CDAs/NDAs; Supply Agreements; Sponsored Research: University, Consultant, Contract Research Agreements; and Collaboration: Feasibility and Joint Development Agreements.
– Mike Geise & Pamela L. Stewart
When a Contract Goes Bad, But Both Parties Still Need Each Other (60 MINUTES)
Experienced practitioners discuss a common, tricky situation – how to move forward when a contractual relationship is on the rocks, but the parties still need to work together for the foreseeable future. How might a party negotiate its way to better – or at least acceptable – terms including when it’s the party with less leverage? How do you wind up a contract over mission critical services/products?
– Marlon D. Cush & Paul R. Harris
– Alfred W. Coleman (moderator)
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 total CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 6.0 credits.
All course materials will be provided electronically. They include: