- Insights Gleaned in the Aftermath of These Scandals

- What is the Lawyer's Role in Light of the Ever-changing Facets of Risk?

- Can Counsel Reduce Risk at the Corporate Level?

- Corporate Risk in the Context of Recent Scandals

- Practical Recommendations for Identifying and Coping with the Perils and Corporate Risks of the 21st Century

- Risk in the Context of Contracts: A Practical Discussion

- Practical Techniques for Identifying the Risks

- Who Has the Risk, and Mechanisms for Allocating Risk to Protect Your Client's Interests

- Techniques for Shifting Risk in Any Provision

- Considering Specific Provisions That Serve to Allocate Risk Among the Parties

- Techniques Designed to Reduce the Risk That the Contract is Not Enforceable

Program Description:

 

The 21st century has already seen more than its fair share of infamous corporate scandals. "Risk" for corporate counsel resembles a kaleidoscope where the same collection of moving pieces creates a myriad of unique stories of business gone wrong. As stories with familiar names like "Enron," "the banking collapse," "MF Global," "the London Whale," and "FIN4," unfold, investors question who's to blame for these scandals? The cast of culprits typically includes some exotic but toxic cocktail mix of Wall Street pressure for quarterly earnings; Corruption; Incompetence; Insider trading; Hacking; Failure of regulation; and Flawed character.

 

What is the lawyer's role as corporate counsel in light of the ever-changing facets of risk in the 21st century? Can counsel reduce risk at the corporate level? In this program, we consider: 1) corporate risk in the context of recent scandals to see what went wrong and who is responsible; 2) insights gleaned in the aftermath of these scandals; and 3) practical recommendations for identifying and coping with the perils and corporate risks of the 21st century.  

 

From this macro spectrum of corporate risk, we shift to a micro focus on risk in contracts, featuring a practical discussion of how to control risk specifically in the context of drafting contracts. Learn practical techniques for identifying what are the risks; who has the risk, and how to allocate risk to protect the client's interests in any corporate or business contract. We examine techniques for shifting risk in any provision and consider specific provisions that serve to allocate risk among the parties, like indemnification, limitation of liability, and liquidated damages provisions. The seminar concludes with a discussion of techniques designed to reduce the risk that the contract itself is not enforceable.