Workshop on drafting and negotiating commercial contracts
Friday 10 March 2017
The College of Law City
|CPD||7 CPD units|
“Law is inescapably complicated” (Hon Michael Kirby) but your contracts don’t need to be.
This interactive and practical workshop covers the following topics:
(a) Getting the Basics Right: Avoiding the Common Pitfalls
It’s easy to get caught up in the technicalities of the deal and to overlook some basic (but fundamental) issues when drafting commercial contracts.
The first part of the workshop will provide an overview of some key issues to consider before you even start drafting and some common mistakes to avoid so that your contracts are clear, relevant and enforceable.
(b) Effectively Managing Risk in Commercial Contracts
This session will look at practical ways to minimise risk for your client under the contract, including a review of indemnity clauses, warranties and disclosure letters.
(c) Drafting & Negotiating Successful Outcomes for Your Clients
This session will look at:
- Proven negotiation skills, techniques and strategies
- How to effectively prepare for a negotiation
- How to properly use templates and precedents
- The importance of identifying your client’s intended goals
- Formulating and using a fallback position in negotiations
(d) Drafting Common Commercial Agreements
In this session, you’ll look at some commonly used commercial agreements (such as licensing and agency agreements) and some of the key issues to watch out for when drafting and negotiating these types of contracts.
(e) Privacy & Data Management Issues in Commercial Contracts
This will look at:
- Privacy issues for your commercial clients (including ways for your clients to manage and mitigate risk when dealing with sensitive information)
- Common privacy clauses and an analysis of their utility and intended operation
- Drafting effective confidentiality agreements
(f) Online Contracts, Electronic Signatures & Common Issues to Watch Out For
The final part of the workshop will explore some of the unique and complex but increasingly common issues which can arise from the use of web-related or web-based contracts.
This workshop will be interactive and practical and will include written exercises, small group discussions and question and answer sessions with the facilitator.
Partner, Eakin McCaffery Cox
Gregory's legal practice reflects his many years of legal, commercial, policy and probity experience in NSW and beyond. As an Accredited Specialist in Government and Administrative Law, Gregory advises government bodies to develop legislation, contractual and process arrangements. He also leads the Intellectual Property practice at Eakin McCaffery Cox, advising on issues such as copyright, licensing, trademarks and confidentiality agreements. He advises on contracts with entities operating in and enforcement of IP rights in India.
In July 2014, Gregory Ross was elected to the NSW Council of the NSW branch of the Chartered Institute of Purchasing & Supply (CIPS), a UK entity incorporated under Royal Charter by Her Majesty’s Privy Council.
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