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Liquidated Damages in Contracts (teleseminar)
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When: 09/15/2016
1:00 PM to 2:00 PM
Where: United States
Contact: (404) 521-0781

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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

Opinion Letters in Real Estate, 1 CLE hour

First Run Broadcast: September 9, 2016
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Liquidated damages clauses are a risk allocation tool used across business, commercial, employment, and other contracts.  In a perfect scenario, the parties agree to an amount of money that shall be payable by the breaching party when certain events occur – e.g., if a wholesaler fails to deliver a product to a retailer on time, the retailer is liable for the liquidated amount; or if an employer releases an employee before a certain date, the employer is liable for the amount.  Although they are intended to eliminate or reduce litigation when the amount of damages is not knowable ahead of time, poorly drafted clauses actually stoke litigation about everything from scope to enforceability.  This program will provide you a real world guide to the essential elements of enforceable liquidated damages clauses and how to anticipate and defeat challenges to them.

• Drafting enforceable liquidated damages clauses in commercial, business and employment      contracts
• Framework of law governing liquidated damages clauses
• Elements of a clauses – damages difficult to quantify and liquidated amount reasonably              related to actual damages
• Drafting guidance on optionality, specificity, self-justification, and triggers
• Circumstances in which clauses are most effectively used – and those where they are                   ineffective
• Practical tips of enhancing enforceability and collecting damages 


Shannon M. Bell is a member with Kelly & Walker, LLC, where has litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and office liability, piercing the corporate veil, and derivate actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

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