Faculty Course Information

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Business Transaction Contracts Drafting Kit With Sample Provisions, Checklists, and More

Are You Ready to Level Up Your Contract Game?

Division
NBI (99757)
Event Date
01/14/2025
Event Time
10:00 AM - 5:00 PM EST
Event Planner
Nicole Malone
Email
nicole.malone@nbi-sems.com
Phone
(855) 484-6059

Program Description

Are You Ready to Level Up Your Contract Game?

Feeling overwhelmed by contracts? You're not alone. This course is your roadmap to contract confidence. Whether you're fresh out of law school or a seasoned pro looking to sharpen your skills, you'll walk away with practical tools and real world examples. Let's break down the complexities of contract law together. Register today!

  • Master the Basics: Grasp the essential building blocks of a solid contract.
  • Uncover Hidden Risks: Conduct thorough due diligence like a seasoned pro.
  • Shield Your Clients: Assess the power of non-competes in light of recent rules changes.
  • Draft With Confidence: Create watertight sale of goods contracts.
  • Navigate the Digital Age: Understand licensing and tech contracts that keep pace with innovation.

This program was designed in conjunction with NBI's esteemed 2024-2025 Content Advisory Committee Member Julie Globus.


Who Should Attend

This legal guide is designed for attorneys. It may also benefit paralegals.


Course Content

  1. General Conceptual Elements of Contract Drafting
  2. Understanding What You are Drafting - Contemplated Outcome
  3. The Preliminary Outline - Term Sheets
  4. Non-Disclosures and Non-Competes (Standalone and as a Clause)
  5. Purchase and Sale of Assets, Equity, Businesses
  6. Sale of Goods Agreements
  7. Commercial Lease, Assignment, Subletting
  8. Real Estate Purchase and Option Agreements
  9. Loan Agreement, Promissory Note, Confession of Judgment
  10. Licensing and Technology Use/Transfer Agreements
  11. Distribution Agreements

Agenda / Content Covered

All times are shown in Eastern time.
  1. General Conceptual Elements of Contract Drafting
    10:00 - 11:00, Michael J. Fekete
    1. Statuses of Fraud (What MUST be in Writing)
    2. UCC Sales and Notice of Potential Default
    3. Provisions Common to ALL Contracts
    4. Common Boilerplate Provisions
    5. Common Provisions That are State Specific
    6. Understanding Timelines
    7. Conditions of Closing Including Due Diligence
    8. Timelines and Checklists
  2. Understanding What You are Drafting - Contemplated Outcome
    11:00 - 11:30, Julie D. Globus
    1. Parties, Goals, and Intended Outcome
    2. Issues 
    3. Potential Points of Contention
    4. Drafting Party and Reviewing Party
  3. The Preliminary Outline - Term Sheets
    11:45 - 12:15, Julie D. Globus
  4. Non-Disclosures and Non-Competes (Standalone and as a Clause)
    12:15 - 12:45, Julie D. Globus
  5. Purchase and Sale of Assets, Equity, Businesses
    12:45 - 1:30, Richard A. Weintraub
  6. Sale of Goods Agreements
    2:00 - 2:15, Milton O. Thompson
  7. Commercial Lease, Assignment, Subletting
    2:15 - 2:45, Michael J. Fekete
  8. Real Estate Purchase and Option Agreements
    2:45 - 3:15, Leona Mogavero
  9. Loan Agreement, Promissory Note, Confession of Judgment
    3:30 - 4:00, Leona Mogavero
  10. Licensing and Technology Use/Transfer Agreements
    4:00 - 4:30, Michael R. Overly, Ashley M. Kennedy
  11. Distribution Agreements
    4:30 - 5:00, Griffen J. Thorne

Materials Due Date: 12/10/2024


Materials

You must include sample agreement provisions and contract checklists with your materials for all topics.

Event Materials Support

Email: eventmaterials@nbi-sems.com

Phone: (800) 777-8707



Michael J. Fekete is a partner with Montgomery McCracken Walker & Rhoads LLP, where he is a member of the firm's litigation department, as well as their real estate practice. He regularly represents individuals, business owners and companies, both publicly and privately owned, in litigation involving breach of contract, breach of warranty, consumer fraud claims, real estate, and restrictive covenants. Mr. Fekete has extensive experience representing publicly-owned REITs, developers, commercial landlords, and court-appointed receivers in Pennsylvania, New Jersey, and New York in all facets of real estate, including lease drafting and negotiation, and commercial tenancy matters. He is a member of the New Jersey State and Pennsylvania bar associations, and serves on the New Jersey District IV Ethics Committee. Mr. Fekete earned his B.A. degree at the University of Maryland, College Park; and his J.D. degree at Rutgers Law School.

Julie D. Globus is a partner with the law firm of Sabharwal Globus & Lim LLP in West Nyack, New York; where she represents banks and hedge funds in the purchase and sale of debt in distressed companies, international and domestic mergers and acquisitions, leveraged acquisitions, and corporate finance. With data privacy and issues of cybersecurity at the forefront of current legal issues, Ms. Globus also assists her clients with building an architectural framework for compliance with state and federal securities, finance, data privacy laws, and with establishing strong internal controls. She also engages in the area of education law, helping students and parents obtain a fair and appropriate public education for their children, as well as resolving education related disciplinary matters. Ms. Globus is an associate member of the Association of Certified Fraud Examiners and is corporate counsel for an international cryptocurrency related company, giving her the opportunity to consult with legal teams in both the U.S. and abroad, each with varying expertise and each trying to wade through the confusion related to cryptocurrency. She earned her B.A. degree from Skidmore College, her M.A. degree from the Hebrew University of Jerusalem on Mt. Scopus, and her J.D. degree from Rutgers State University of New Jersey, Newark Campus. Ms. Globus's passion is endurance cycling, and she is an avid middle-distance triathlete.

Ashley M. Kennedy is a technology, transactions, cybersecurity & privacy practice group member within Foley & Lardner LLP's intellectual property department. She provides counsel on structuring and negotiating technology agreements to create strategic and advantageous business relationships between companies. Ms. Kennedy has experience drafting and negotiating commercial agreements, including intellectual property licenses, software-as-a-service agreements, distribution agreements, master services agreements, non-disclosure agreements, and technology transfer agreements. She also has experience structuring and addressing the intellectual property components of mergers and acquisitions and other corporate transactions. Prior to joining Foley as an associate, Ms. Kennedy served as an associate and summer clerk at an intellectual property-focused law firm, preparing patent applications for the USPTO. She previously worked in the engineering sector for an aerospace and defense company. Ms. Kennedy earned her B.S. degree in material science and engineering from University of Utah College of Engineering; her M.S. degree in material science and engineering from University of Utah College of Engineering; and her J.D. degree, summa cum laude, from University of Utah S.J. Quinney College of Law. She is admitted to practice in Utah.

Leona Mogavero is a shareholder at Zarwin Baum DeVito Kaplan Schaer, where she concentrates her practice in the area of creditors' rights and bankruptcy. Ms. Mogavero has experience representing financial institutions and other lenders in negotiation and documentation of commercial loan workouts and restructures. She also has experience in real estate transactional matters. Ms. Mogavero has supervised and instructed associate attorneys and paralegal assistants in the handling of commercial and residential mortgage foreclosures, and is a frequent speaker at seminars for financial professionals and attorneys regarding loan workouts, collections and bankruptcy. She is admitted to practice in the state of Pennsylvania; and before the Supreme Court of Pennsylvania, United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit. Ms. Mogavero is a member of the Pennsylvania and Philadelphia bar associations. She is a Subchapter V bankruptcy trustee. Ms. Mogavero earned her B.A. degree, maxima cum laude, from LaSalle College; and her J.D. degree from the University of Pennsylvania Law School.

Michael R. Overly is a partner in Foley & Lardner LLP's information technology and outsourcing group; and privacy, security and information management groups. He is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the certified information system auditor (CISA), certified information systems security professional (CISSP), information systems security management professional (ISSMP), xertified in risk and information systems Controls (CRISC), certified outsourcing professional (COP), and certified information privacy professional (CIPP) certifications. Mr. Overly writes and speaks frequently regarding negotiating and drafting technology transactions and the legal issues of technology in the workplace, e-mail and electronic evidence. He has written numerous articles and books on these subjects and is a frequent commentator in the national press (e.g. New York Times, Chicago Tribune, Los Angeles Times, Wall Street Journal, ABCNEWS.com, CNN and MSNBC); and has testified before the U.S. Congress regarding online issues. Among others, Mr. Overly is the author of several books, including Big Data: A Business and Legal Guide (CRC Press 2014); A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press 2012); e-policy: How to Develop Computer, E-mail, and Internet Guidelines to Protect Your Company and Its Assets (AMACOM 1998); Overly on Electronic Evidence (West Publishing 2002); The Open Source Handbook (Pike & Fischer 2003); Document Retention in The Electronic Workplace (Pike & Fischer 2001); Licensing Ling-by-Line (Aspatore Press 2004); and Practice Guide: Drafting and Negotiating Effective Cloud Computing Agreements (LexisNexis (2015). He earned his B.S. and M.S. degrees from Texas A&M University and his J.D. degree from Loyola Law School, where he was articles editor of the Loyola Law Review and elected to Order of the Coif.

Milton O. Thompson is an attorney and of counsel with the law firm of Bleeke Dillon Crandall. He is most recognized for sports and entertainment law, but he also focuses in business law and consulting for entrepreneurs and non-profits, small business financing, and MBE and WBE certification. Mr. Thompson graduated from Wittenberg University with a B.A. degree and from Indiana University Maurer School of Law - Bloomington. He served as the president and CEO of Grand Slam, a sports, entertainment, and recreation management consulting firm. Mr. Thompson was also co-founder of Play Ball Indiana which is now called Indy RBI (Program of Major League Baseball), a former certified contract advisor with the NFL and NBA Players Association, and a board member of the Indianapolis Indians Baseball Club. He hosted the weekly radio show "Playing for Keeps" which is now a television show where he interviews the nation’s top sports celebrities. Well-known for his work in community development, sports and recreation-planning, and in building community collaborations through effective partnerships, Mr. Thompson served as president and interim director of Big Brothers while merging with Big Sisters to create Big Brothers and Big Sisters of Central Indiana. He also played a key role in negotiating the merger between the Legacy Fund and the Indianapolis Foundation in 1997 to develop the Central Indiana Community Foundation of which he was the inaugural chair. That organization now has accumulated assets of more than one billion dollars. Now, Mr. Thompson serves as the Indianapolis Foundation’s appointment to the Impact Board of Directors as well as the Women’s Fund Advisory Board. He has served on the Indianapolis Bond Bank and then on to the Capital Improvement Board. Mr. Thompson served as a board member of Visit Indy and it’s Tourism of Tomorrow Board of Directors. He is currently the chairman of board for the Indianapolis English Foundation and has also been named as chairman for the Crown Hill Board of Managers. Furthermore, Mr. Thompson is currently chairman of the board for the Indiana State Gaming Commission. In addition, he serves on the faculty for the National Business Institute. Mr. Thompson's commitment to the community is attested by his many civic involvements including serving as chair of the Indianapolis Foundation and as the chairman of the Indiana University Maurer School of Law Board of Visitors as well as president of its Alumni Association. In addition, he was the former general counsel and vice president of corporate development for the Pan American Games.  Mr. Thompson also held the position of vice president of Indiana Sports Corporation where he led the effort for an olympic training center. A former First Team All-American baseball player at his college alma mater, he has been a member of the college's Wittenberg Board of Trustees and is now an emeritus director. A former Marion County deputy prosecuting attorney, Mr. Thompsons' honors include the 2004 Business & Philanthropy Award from the National Center for Black Philanthropy in Washington, D.C.; and was included on the Indiana Super Lawyers list in the Indianapolis Monthly Magazine. In 1997, he received his law school’s distinguished service award. Mr. Thompson was inducted in 2007 to the most prestigious honor the law school offers as a member of the Academy of Law Alumni Fellows. He was also given the Phi Kappa Psi National Service Award for his unparalleled leadership to our nation. Most recently, Mr. Thompson was awarded the prestigious Whistler Award and a national service award for his outstanding civic achievements for the city of Indianapolis in 2020.

Griffen J. Thorne is an attorney at the Los Angeles office of Lewis Brisbois LLP. He has represented hundreds of clients in highly regulated, controlled substances markets. Mr. Thorne's practice includes M&A, commercial transactions, real estate leasing and dispositions, equity and debt finance transactions, and general regulatory guidance. He also assists clients with specific regulatory issues from applying for competitive and non-competitive local and state government licenses, through day-to-day regulatory compliance. Mr. Thorne began his career litigating high-stakes intellectual property and commercial litigation cases at one of the largest law firms in the United States, where he argued motions before state and federal courts and the California Court of Appeals. As a former litigator, he is intimately familiar with common contract negotiation and drafting issues that can lead to business and contract disputes. Mr. Thorne was one of the leading vice chairs in the first panel of the Los Angeles County Bar Association's Cannabis Section. He writes weekly for the Canna Law Blog, and has written a variety of cannabis-related articles for a number of legal publications. Prior to beginning his legal career, Mr. Thorne studied music at the University of California, Berkeley. After Berkeley, he attended law school at Loyola University of Chicago, where he was the editor-in-chief of the Loyola University Chicago Law Journal.

Richard A. Weintraub is the owner of Weintraub Law Group PC, where he focuses his practice in the formation of business entities; venture capital transactions; mergers, acquisitions and divestitures; public and private offerings; and debt financing. Mr. Weintraub has also been an instructor of tax and securities law courses at UCLA, University of California San Diego, and the University of San Diego. He has instructed a course entitled “Securities Law Implications for the Emerging Growth Business” at UCSD. Mr. Weintraub is admitted to practice in California and before the U.S. Claims Court, U.S. Tax Court, U.S. District Court for the Central District of California, and the U.S. District Court for the Southern District of California. He earned his B.A. degree from the University of California Los Angeles and J.D. degree from Loyola Marymount University.

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Event Materials Support

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Phone: (800) 777-8707


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