Indemnification, limitation of liability, and representations and warranties provisions are the foremost clauses parties entering into a commercial agreement use to limit exposure to risk. The clarity of these clauses contained in the contract, along with the interplay between each, become critical should disputes between the contracting parties arise and the disagreement be taken to court. As counsel, it is essential you know how to negotiate, draft, and revise these clauses to avoid boilerplate or ambiguous language that can lead to costly litigation.

With Americans giving nearly $485 billion to charities in 2023 alone, it is no surprise that charitable fundraising is heavily regulated. Unfortunately, regulation and disclosure requirements lack uniformity across the states. And new ideas and technology challenge regulatory efforts, making it a struggle to keep up with societal changes and their impact on fundraising. The result is a regulatory patchwork that clashes with donor needs and intentions. Whether you work for a nonprofit, represent them as counsel, or serve as a board member, you’ll benefit from this informative webcast covering the latest charitable giving trends and regulatory compliance best practices.

Although a partnership and an S corporation share many of the same characteristics, there are also distinct differences between these entities that will affect each shareholder’s tax burden, protection of personal assets, and control over policies. As counsel, you need to be well versed in the treatment of taxes and insulation of liability under each of these business structures to help your clients decide which best suits their ownership, management, and operational goals.

As Web 3.0 continues to rapidly evolve, so does its increased ability to present businesses with the opportunity to use smart contracts to conduct transparent, traceable, and irreversible transactions without the need of intermediaries. Energy, finance, insurance, health care, and supply chain management are only some of the industries incorporating blockchain-based smart contracts into their everyday transactions as hassle-free alternatives to traditional contracts. But does the technology live up to the hype? What are the latest legal implications?

Title insurance is key to a healthy and successful commercial real estate transaction. Unlike other insurance, title insurance provides coverage only against title issues arising before the policy date, providing no coverage against future title risks. The unique structure and limitations of title insurance often frustrates insureds since insurers may be able to avoid claim payouts due to policy exceptions, leaving litigation as the only recourse to settle disputes. This makes advance understanding of title insurance structures, endorsements, and exclusions critical.

Lawyers often get asked to represent multiple parties in the same matter. Joint representation of related parties – such as business partners, family members, or work colleagues – might allow for cost savings and certain efficiencies, but can also involve a number of potentially complex legal issues – especially ethical ones! This practical program will explain how to assess and resolve the risks that commonly arise in joint representations, including the essential determination of whether you can competently represent both parties. Learn how to identify and manage potential conflicts early on, address privilege and confidentiality issues, and resolve disagreements among your clients.

Although the sale of assets is one of the most common forms of commercial transactions, it is one of the most complex. The successful sale of assets often hinges on the negotiation and drafting of a comprehensive asset purchase agreement that meets legal requirements and minimizes the likelihood of post-closing disputes and potential litigation. It is also important to understand the role of due diligence and leverage in drafting and negotiating the asset purchase agreement.

For a business to get their services or products recognized and purchased today, traditional advertising methods and channels – such as commercials or print materials – are no longer as effective. With shopping, news consumption, social connections, and television and movie viewing increasingly happening online, marketing has had to move to the internet as well in order to get in front of the consumer. The forced isolation brought on by the pandemic only added more fuel to the fire. This disruption has led to a significant shift away from celebrity endorsements and more towards the use of more “word of mouth” – through social media influencers and other content creators – to market products and services through reviews and recommendations. Using these methods, however, come with their own set of legal concerns and risks that could be easily overlooked – for both the influencers, as well as the companies that engage them. If you represent one of the parties in these arrangements, or have a client who either wants to be a paid influencer or wants to hire an influencer to help their business, this informative webcast is not to be missed.

Third-party litigation financing has become big business in the United States, potentially influencing whether certain cases go to trial or get settled. It also raises a host of ethical issues for the lawyers involved. While Insurance companies have financed the defense side of litigation for 150 years, contingency fee law firms have financed litigation through partnerships, joint ventures, and bank loans.

According to the FTC, one in five American workers—approximately 30 million people—are bound by a non-compete clause. This could soon change. Employers relying on non-compete clauses as their sole means of protecting trade secrets have the deck stacked against them. Worker mobility rights are gaining steam as state-based efforts have started to disfavor and even outright ban non-compete clauses in employment contracts. As non-compete disfavor builds, employers must pivot and pursue other measures to protect their intellectual property, but do so in a fair and balanced way, with worker rights and their need for career advancement in mind.