Time

Topic

Why You Should Attend

8.30am –

9.00am

09.00am – 09.15am

Welcome and introductions

09.15am – 10.15am

Understanding your client's commercial position and negotiating style

Presentation and case study designed to help commercial lawyers to recognise and give effective support to clients' negotiating strategy and tactics.  Key concepts include Distributive and Integrative negotiation, BATNA, ZOPA and the relationship between risk and price,

10.15am – 11.15am

Identifying, monitoring and responding to key factors affecting commercial negotiations.

Case study and practical exercise examining the effect of external commercial or regulatory deadlines, market pressures and client decisions on materiality thresholds for pre-contract due diligence

11.15am – 11.30am

Refreshment Break

11.30am – 12.30pm

Negotiating international transactions

Case study and practical exercise:

• Mapping and accommodating jurisdictional and organisational cultures,
• Reconciling differences
• Types of collaborations
• Building trust

12.30pm – 1.30pm

Networking Luncheon

1.30pm – 2.00pm

Drafting skills: language, layout and meaning

Introductory exercises and the drafting toolkit: using the Coode grid, process charts and precedents to capture the commercial deal in a legally enforceable agreement

2.00pm –2.45pm

Obligation, power or discretion?

Examining key clauses to ensure that they support and deliver your client's commercial objectives.

2.45pm – 3.00pm

Refreshment Break

3.00pm – 3.30pm

Excluding or limiting liability

Case study and practical exercise examining drafting techniques and jurisdictional issues that must be addressed in order to define and limit your client's commercial exposure.  What is the difference between a "basis clause" and an "exclusion clause"?

3.30pm – 4.00pm

Drafting for endeavours

Practical exercises exploring the rationale for endeavours clauses, and the practical differences between "best", "reasonable" and "commercially reasonable" endeavours.  Drafting tips to protect your client's vital interests.

4.00pm – 4.45pm

Drafting for remedies and termination

Drafting techniques to maximise your client's chances of obtaining and enforcing appropriate remedies in key jurisdictions.  Factors to consider when seeking to terminate for cause or convenience.  New issues and challenges emerging from "smart" and "connected" contracts

4.45pm – 5.00pm

Q&A, summary and close