Library

An explanation of how loss is defined in acquisition agreements, including the types of losses typically included (and excluded) from the definition. Features interviews with ABA M&A Committee members Leigh Walton from Bass, Berry & Sims and Scott Whittaker from Stone Pigman Walther Wittmann.

An advanced discussion about how to effectively prepare your expert for cross examination. Discusses the best questions to ask your expert during mock Q&A, as well as the best ways to prep them to respond. Also covers how to prepare your expert for impeachment and to come across credibly.

Looks at reasons parties might elect arbitration, what they typically include in their arbitration clauses, and why. Walks through and explains a sample arbitration provision.

An overview of motions to dismiss, including grounds for filing, the filing process, and how a motion to dismiss may affect the schedule of the litigation for different types of cases.

A discussion of the different types of debt financing used in private equity, including senior debt, subordinated debt, and high-yield debt.

Ethical considerations that come into play throughout trial. Discusses ethical duties related to your client, witnesses, the judge and jury, the opposing party, and the public.

This program covers how corporations authorize their actions and draft written consents, Delaware annual reports, ‘34 Act disclosure requirements for public companies, and two methods of calculating corporate franchise tax.

This program covers the ethical use of AI across core areas of legal practice, helping lawyers understand both the opportunities and the ethical considerations of these powerful tools. The program covers AI’s role in transactional work and litigation, guidance on prompting large language models, and the ethical and professional responsibility issues that arise when using AI in legal practice. Lawyers will gain practical knowledge to use AI tools effectively and responsibly in real-world settings

How to nail your oral argument, both in person and virtually; how to draft your brief persuasively; and how to make sure everything in your brief is cited properly.

This program teaches lawyers about various aspects of two advanced M&A concepts found in acquisition agreements – Claims ‘If True’ provisions and the concept of indemnifiable losses (with a focus on the definition of “Loss”). It covers drafting and negotiating tips, buyer and seller perspectives, and market trends information for both provisions based on the ABA M&A Committee’s 2022-23 Private Target Deal Points Study.

Advanced guidance on expert reports and rebuttals, including how to work with your expert to help them effectively plan and draft their reports. Focuses on the Opinions section, but then looks closely at the other sections of the report as well. Also gives strategic advice on drafting Daubert motions and Daubert oppositions. Covers specific ways to attack and defend an expert’s methodology, as well as how to select the best arguments.

An introduction to corporate restructuring practice, including how restructuring practice groups are organized, the roles of the key players, the types of restructuring transactions distressed companies may consider, and overviews of Chapter 11 cases and 363 sales.