Course1

25 Preliminary Things EVERY Lawyer Should Know About Drafting Contracts

$85.00
  • Instructor(s):  Lenné Espenschied

25 Preliminary Things EVERY Lawyer Should Know About Drafting Contracts In this session, we’ll discuss key general topics EVERY lawyer should understand to refine and improve contracts from the first page to the last, including the following and much more: Hidden costs of deficient drafting; 3 common errors with recitals and 1 way to draft recitals more effectively; How organization of the contract affects contextual ambiguity; The # 1 Cause of Ambiguous Contract Litigation; When you should use representations, and when you shouldn’t; and What you should know about incorporating by reference.   SPEAKER: Lenné Espenschied Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.        Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 88
    Min.
  • 12/31/25
    Avail. to
  • DETAILS
Course1

25 Things EVERY Lawyer Should Know About Editing Sentences and Allocating Risk

$85.00
  • Instructor(s):  Lenné Espenschied

25 Things EVERY Lawyer Should Know About Editing Sentences and Allocating Risk In this session, we’ll consider specific strategies for editing and revising the sentences comprising the contract to get the best deal for your client, including the following topics and many more: 9 specific strategies for editing and revising sentences; SCOTUS’s recent opinion on the series qualifier canon vs. the rule of the last antecedent;  7 Sources of syntactic ambiguity; Effective tools for shifting risk; Errors good lawyers make with indemnification; and What EVERY lawyer should know about indemnification.   SPEAKER:  Lenné Espenschied Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 94
    Min.
  • 12/31/25
    Avail. to
  • DETAILS
Course1

25 Things EVERY Lawyer Should Know About Key Provisions and Signatures

$85.00
  • Instructor(s):  Lenné Espenschied

25 Things EVERY Lawyer Should Know About Key Provisions and Signatures  EVERY lawyer should understand and know how to apply effectively the following practical techniques and additional guidance we’ll cover in this session: Contracts under seal; Electronic Signatures; Executed vs. Signed; Virtual Attachments; and Strategies for drafting scope and payment provisions.   SPEAKER:  Lenné Espenschied Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 92
    Min.
  • 12/31/25
    Avail. to
  • DETAILS
Course1

26 Things EVERY Lawyer Should Know About Words and Phrases

$85.00
  • Instructor(s):  Lenné Espenschied

26 Things EVERY Lawyer Should Know About Words and Phrases  In this session, we’ll discuss 26 things EVERY lawyer should understand about specific words and phrases commonly used in contracts, including the following and many more:          6 Things you should know about drafting integrated definitions;          Is the contract “executed” or “signed”;          Do “best efforts” and “commercially reasonable efforts” impose different requirements?;          Why you should use words and phrases consistently; and          Common words and phrases to avoid.   SPEAKER: Lenné Espenschied Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.        Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 92
    Min.
  • 12/31/25
    Avail. to
  • DETAILS
Course1

Contracts in Crisis: MAC Clauses, Acts of God, and Planning for the Unexpected

$85.00
  • Instructor(s):  Steven O. Weise

Contracts in Crisis: MAC Clauses, Acts of God, and Planning for the Unexpected Material Adverse Change (MAC) clauses are common in most businesstransactions. These clauses allocate among the parties the risk of a MAC occurring between the execution of transactional documents and closing the underlying transaction.  Sellers want certainty that a sale or other transaction will close and argue that the MAC clause should be very narrowly drafted. Buyers want maximum flexibility and will argue that anything that makes the transaction unattractive should constitute a MAC.  Between those two opposing views are a host of narrow and technical but important details that need to be negotiated, details which will determine whether the transaction is successfully closed, efficiently and cost-effectively terminated, or devolves into dispute and litigation. This program will provide you with a practical guide using and drafting MAC clauses in transactions.  Drafting “Material Adverse Change” provisions and carve-outs  Forms of MACs – closing conditions or representations?  Practical process of “proving” a MAC occurred, including burden of proof  What happens to the transaction if a MAC occurred?  Spotting red flags when drafting MAC clauses and best practices to reduce the risk    Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.         Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 4/4/27
    Avail. to
  • DETAILS
Course1

Hayley Paiges Epic Battle Over Social Media Accounts

$85.00
  • Instructor(s):  Lenné Espenschied

  Hayley Paiges Epic Battle Over Social Media Accounts   When Hayley Paige Gutman signed an employment agreement to design a line of bridal wear for JLM Couture, did she inadvertently convey her rights in her “personal” social media accounts? As this embarrassing dispute over social media rights raged between the parties on social media, the 2nd Circuit addressed some important legal issues. We’ll examine the blurred line between “person” and “employee” and consider the specific contractual language that spawned the lawsuit. We’ll make clear, practical recommendations to clarify which social media rights are assigned, and which are not.    SPEAKER:  Lenné Espenschied Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.        Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • On-Demand
    Format
  • 60
    Min.
  • 5/31/26
    Avail. to
  • DETAILS
Course1

When Does “And” Mean “Or” in Contracts?

$85.00
  • Instructor(s):  Lenné Espenschied

When Does “And” Mean “Or” in Contracts? It's one of the most common words in English, but the correct interpretation of "and" has plagued lawyers and judges for generations. Courts have struggled with both the conjunctive/disjunctive interpretation and the joint/several interpretation of "and" for hundreds of years, and the case law often seems haphazard and unpredictable. We'll sort through the reasoning in a 2024 U.S. Supreme Court case to make clear, practical recommendations regarding when to use "and" and how to avoid ambiguity in contracts.   SPEAKER:  Lenné Espenschied Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.  

  • On-Demand
    Format
  • 60
    Min.
  • 12/31/25
    Avail. to
  • DETAILS