Nonprofit Org. U.S. Postage PAID Minnesota Continuing Legal Education
Minnesota State Bar Association Continuing Legal Education Your State Bar at Work for You
sEMinar inforMation
LIvE PrESENTATIoN
Monday, March 23, 2009 Minnesota CLE Conference Center Seventh Street & Nicollet Mall, Third Floor City Center
drafting, negotiating & Handling Contracts
in Minnesota
vIDEo rEPLAyS
Schedule times for replays may differ from the live presentation. Start times are as indicated below. register at least one week in advance to secure your copy of the materials on the day of the seminar.
(registration 8:30; replay 9:00) Minnesota CLE Conference Center Seventh Street and Nicollet Mall Third Floor City Center
Minneapolis – 4/14/09 & 5/8/09
2
duluth – 6/5/09
(registration 8:30; replay 9:00) radisson Hotel Duluth—Harborview 505 West Superior Street
Marshall – 8/10/09
(registration 8:30; replay 9:00) Lyon County Government Center 607 West Main Street
Moorhead – 5/1/09
(registration 9:00; replay 9:15) Moorhead Public Library 118 Fifth Street South
saint Cloud – 5/6/09
HigHLigHts and BEnEfits
2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN 55114
(registration 8:45; replay 9:00) Kelly Inn Highway 23 & Fourth Avenue South
Walker – 4/24/09
drafting, negotiating & Handling Contracts
Monday, March 23, 2009 • Video Replays available
DATED MATERIAL – PLEASE EXPEDITE!
Minnesota Continuing State Bar Legal Education Association
• Effective Drafting and Negotiating Strategies • Plan for and Handle the Effects of Bankruptcy on Contracts • Finding/Dealing with Hidden Traps • Shifting Future Losses/Indemnity Agreements • Enforcing and Drafting Waivers/Non-Competes • Working with Warranties and Disclaimers • Modifications to Contracts • Proving and Defending Claims • Avoiding and Handling Liability
(registration 8:45; replay 9:00) Cass County Courthouse 300 Minnesota Avenue, 3rd Floor Jury room
2
in Minnesota
Minnesota CLE is applying to the State Board of CLE for 6.5 standard CLE credits. The maximum amount of credits attendees can report is 6.5. Paid registrants who cancel their registration at least 72 hours before the program will receive a full credit on their account; if fewer than 72 hours, a $25 administrative fee will be deducted. Paid registrants who do not cancel, yet fail to attend, will receive the written materials. Passholders may purchase the materials for 50% of the full retail price. If you have a disability and need an accommodation in order to attend, contact Minnesota CLE at 2550 University Avenue West, Suite 160-S, Saint Paul, MN 55114 or call us at 651-227-8266 or 800-759-8840. Call 651-227-8266 or 800-759-8840 or visit us online at www.minncle.org.
CrEDITS
CANCELLATIoN/No-SHoW PoLICy
RECYCLABLE
ACCoMMoDATIoN
Monday, March 23, 2009 Minnesota CLE Conference Center
Seventh Street & Nicollet Mall Third Floor City Center, Minneapolis Video replay details inside
QUESTIoNS?
8:30–8:55 am 8:55–9:00 am
Check-in and continental breakfast
rEgistration / ordEr forM
sCHEduLE
drafting, negotiating & Handling Contracts
in Minnesota
Monday, March 23, 2009 • Minnesota CLE Conference Center
PLEASE “” APPROPRIATE BOX BELOw: LIVE – 3/23/09:
$225 MSBA member $225 paralegal $270 standard rate
Welcome and introduction
2
– Nancy J. Berry, Course Chair Moore, Costello & Hart, P.L.L.P.; Saint Paul
12:30–1:00 pm 1:00–1:45 pm
217-09 | vjo
LUNCH (on your own)
9:00–9:45 am
drafting and negotiating strategies
Doing the best job for your client without losing the deal. – Frank I. Harvey Larkin Hoffman Daly & Lindgren Ltd.; Bloomington
the Effects of Bankruptcy on Contracts
– William J. Fisher Gray Plant Mooty; Minneapolis
VIDEO:
$195 MSBA member Location $195 paralegal $235 standard rate Date
9:45–10:30 am
1:45–2:30 pm
Prevailing party attorney’s fees; arbitration vs. litigation; choice of law/forum; limitation of damages; cancellation for convenience; change orders; confidentiality agreements; and other provisions that are two way streets on paper, but one way streets in practice. – J. Patrick Plunkett Moore, Costello & Hart, P.L.L.P.; Saint Paul
Hidden traps in any Contract
Warrantees and disclaimers
Subjects covered could include UCC Articles 2 and 2A, express warranties, implied warranties, modification and exclusion of warranties. – Professor Gregory M. Duhl William Mitchell College of Law; Saint Paul
NEw LAwyER DISCOUNT! I was first admitted to the bar after March 23, 2006, and have deducted $60 from the registration fee marked above.
I have a Minnesota CLE Season PassSM. Pass # Check here if address below is new.
Name (first) Firm Address City/State/Zip Phone Email
(mi)
(last)
2:30–2:45 pm
BrEAK
10:30–10:45 am
BrEAK
2:45–3:30 pm
10:45–11:30 am
How to shift a future loss to one contracting party; comparison of shifting loss versus shifting liability; the scope of the indemnity agreement; procuring insurance coverage; and limitations on agreements statutory or otherwise. – Perry M. Wilson III Dorsey & Whitney LLP; Minneapolis
indemnity agreements
What is and isn’t a modification; consideration requirements; mutual assent issues; changes by advanced notice; and electronic commerce issues. – Professor Christina L. Kunz William Mitchell College of Law; Saint Paul
Modifications to Contracts
Fax
Attorney License No. (if applicable) Profession, if non-attorney
3:30–4:15 pm
Remedies, Damages and Liability
Can’t Attend? Get the Program Materials!
I cannot attend. Please send me: copy(ies) of the written materials at $100 each.
(available 3/30/09)
COST OF ITEM(S) S&H $ 25.01 – 50 ..........................................$6 $ 50.01 – 75 ..........................................$7 $ 75.01 – 100 ........................................$8 $100.01 – 150.......................................$9 $150.01 – 250.....................................$12 $ 250.01+ ...........................................$15 Expedited shipping available TAX ON SUBTOTAL Pick the appropriate tax based on where the book is received. Minneapolis, MN ............................. 7.4% Saint Paul, MN ............................... 7.25% Hennepin Co. (outside Mpls.) ......... 6.9% Ramsey Co. (outside St. Paul) ....... 6.75% Anoka, Dakota, Washington Co. ... 6.75% All other MN .................................... 6.5% Outside MN ................................. exempt
11:30–12:15 pm
How exculpatory clauses are used in contracts as a way to limit liability; conditions under which a party may be released from liability for its own negligence; elements of effective non-competition agreements in connection with the sale of a business and employment; and when a contracting party waives a right arising out of a contract. – Nancy J. Berry
Enforceability of Waivers, Releases, and restraints
How to prove and defend claims for consequential damages, include lost profits, when rescission is an appropriate remedy, enforcement and available remedies in bankruptcy, and when to include a liquidated damages clause. – Michael M. Krauss Faegre & Benson LLP; Minneapolis
Cost of book(s) Shipping/Handling Subtotal Tax TOTAL
$ $ $ $ $
4:15–4:30 pm
Q&a
to rEgistEr:
MaiL to: 2550 University Avenue W. suite 160-s saint Paul, Mn 55114 651-227-6262
fax to:
ENCLOSED IS $
Check (payable to Minnesota CLE) VISA Card No. Signature MasterCard
By:
Discover AmEx Exp.
12:15–12:30 pm
go onLinE: www.minncle.org or CaLL: 651-227-8266 or 800-759-8840
Q&a