Do You Want to Get the Deal Done? Obstacles and Opportunities in Contract Negotiation

LINK: RIMS CANADA CONFERENCE SESSIONS

Anyone who has negotiated a contract has encountered a situation where a seemingly insignificant provision threatens to kill the deal. Understanding what provisions should be deal killers versus what can be solved through tweaks in approach, can enable the parties to close deals, maintain relationships with counterparties or even stop negotiations entirely if necessary. In this session, a panel will discuss some of the most commonly litigated contract provisions, including indemnity, representations and warranties, and choice of law, and provide suggestions on ways to break impasses in negotiating terms that are often the source of friction and frustration.

Learning Objectives:

• Identify common sticking points in contract provisions.
• Learn what contract provisions really matter and which should be potential deal-breakers.
• Develop strategies for maintaining counter-party relationships, both internal and external, when trying to combine risk considerations with legal and business objectives.

Co-Presenter: Robert "Bob" Glasser, Managing Director, Berkeley Research Group (BRG)