Most clients want everything in a contract negotiation. Unfortunately, the other side probably wants everything too. The real question for practitioners is: which clauses are truly worth the fight? The answer, of course, is…. it depends.
In this CLE, Kristi Zentner and Heather Marx — a seasoned transactional attorney & an experienced commercial litigator — share insights drawn from daily practice on both sides of the negotiating table. They explore the most common flashpoints in contract drafting and negotiation, from indemnification and limitation of liability to representations, warranties, and confidentiality provisions. The dynamic duo also provide practical strategies for recognizing which provisions merit aggressive advocacy, show you how to tailor clauses to a client’s risk profile, and drafting the contact with enforceability in mind. Attendees will also gain tools for memorializing the negotiation: ensuring that contracts clearly reflect agreed terms, avoid ambiguities and reduce the risk of costly disputes down the road.
Learning Objectives
* Identify key contract clauses — such as indemnification, limitation of liability, and representations and warranties — that most often become points of contention and potential litigation.
* Evaluate negotiation dynamics, including leverage, market conditions, and counterparty risk, to determine which provisions are worth pressing and which can be compromised.
* Draft clear and enforceable risk-shifting provisions tailored to the transaction, including defining scope, triggers, exceptions, and remedies.
* Recognize common mistakes in contract drafting and negotiation that create ambiguity or weaken enforceability, and implement strategies to avoid them.
* Apply effective review techniques to ensure that contracts accurately memorialize negotiations, reflect agreed business terms, and align with preliminary documents such as term sheets or letters of intent.
* Integrate practical drafting tips—such as consistency of defined terms, clarity of structure, and avoidance of boilerplate legalese—into daily practice to improve contract quality and reduce litigation risk.
Kristi Zentner, Esq., is a transactional attorney who represents clients in general business, supply chain management, as well as tariff, customs, and trade matters. Heather Marx. Esq., applies her experience in the areas of complex business and commercial litigation to represent a variety of clients.
Practice Areas: Business Law
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | California (CA) | Colorado (CO) | Connecticut (CT) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Hawaii (HI) | Idaho (ID) | Illinois (IL) | Indiana (IN) | Iowa (IA) | ITA (ITA) | Kansas (KS) | Louisiana (LA) | Maine (ME) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Missouri (MO) | Montana (MT) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Washington (WA) | Wyoming (WY)
Course Expiration: 09/25/2030
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, USB
1.00 credit hours
Original Production Date: 09/25/2025
Run Time: 1:00:00
This CLE program provides attorneys with critical guidance on navigating the increasingly intertwined worlds of legal ethics, malpractice risk & cybersecurity. As law firms become prime targets for cyber threats, ethical responsibilities under the ABA Model Rules demand heightened awareness and action.
Led by attorney Jeff Cunningham — who defends lawyers and firms in malpractice and ethics cases — this course explores the blurred lines between ethics violations and cyber negligence. Through practical strategies and real-world examples, the course offers attorneys actionable methods to build ethical “guardrails” that protect both client data and professional reputations. Topics include vendor due diligence, cyber infrastructure, legal tech trends, client counseling on cyber duties, and enhancing law firm security teams. Participants will gain a deeper understanding of key ethics rules, including Competence (Rule 1.1), Confidentiality (Rule 1.6), Communication (Rule 1.4), and Supervision Responsibilities (Rules 5.1–5.3), as applied in the digital age. Attorneys will walk away with a playbook for proactive compliance — ensuring they meet ethical obligations while mitigating malpractice and cyber liability in a high-risk environment.
Learning Objectives:
• Identify and interpret key ethical rules—including ABA Model Rules 1.1, 1.4, 1.6, and 5.1–5.3—as they apply to cybersecurity responsibilities in legal practice.
• Distinguish between ethical violations and legal malpractice in the context of cyber risk, and recognize how blurred boundaries create new areas of liability.
• Develop practical strategies for cyber compliance, including building secure infrastructure, conducting vendor due diligence, and training legal staff and nonlawyer personnel.
• Evaluate their firm's current cyber readiness and implement “ethics guardrails” to proactively reduce exposure to cyber threats and ethics grievances.
• Advise clients effectively on their own cybersecurity obligations, enhancing client service and meeting ethical duties under communication and competence rules.
Jeff Cunningham, Esq., actively defends lawyers and acts as outside General Counsel to small and mid-sized law firms across the United States, while also serving as this firm’s General Counsel. Jeff defends industry professionals in a wide range of professional liability, ethics and professional disciplinary matters. With an emphasis on simple systems of risk management, Jeff brings a holistic approach of protecting our clients before problems occur.
Specialty Areas: Legal Ethics
Practice Areas: Ethics, Law Practice Management, Professional Conduct, Technology
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | California (CA) | Colorado (CO) | Connecticut (CT) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Idaho (ID) | Illinois (IL) | Indiana (IN) | Iowa (IA) | ITA (ITA) | Kansas (KS) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA)
Course Expiration: 07/03/2030
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, USB
1.00 credit hours
| 1.00 Legal Ethics
Original Production Date: 07/03/2025
Run Time: 1:00:00
“From the River to the Sea, Palestine will be free, Jews for Palestine.” “Let’s take the f*king streets later.” “All Zionists must die tonight at midnight.”
Following the start of the Israel-Hamas War tensions burst wide open on college campuses all over the country following the aftermath of the October 7th attack. By the spring, a wave of pro-Palestinian tent encampments led to massive demonstrations, student takeovers and more than 3,200 people arrested. As tensions escalated, it became very difficult to delineate the line between protected free speech and unprotected harassment & true threats of violence. In this CLE, FIRE attorney Zach Greenberg will give his reasoning why it’s so important to protect the freedom of speech and the freedom of expression on college campuses and the line between protected speech and unprotected threats & harassment. Zach will specifically address: the Looking Glass theory, public vs. private universities, true threats, harassment, the More Speech approach, calls for genocide, encampments, content neutral + time + manner restrictions, disruption & the Heckler’s Veto and creating a culture of free speech.
A native New Yorker, Zach graduated from Binghamton University in 2013 and Syracuse Law in 2016. Zach developed an appreciation for free speech while leading the College Libertarians and the Federalist Society.
Practice Areas: Constitutional Law, Education Law
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | Arkansas (AR) | California (CA) | Colorado (CO) | Connecticut (CT) | Delaware (DE) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Illinois (IL) | Indiana (IN) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maine (ME) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Missouri (MO) | Montana (MT) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | Rhode Island (RI) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Washington (WA) | West Virginia (WV)
Course Expiration: 11/22/2029
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
Original Production Date: 11/22/2024
Run Time: 1:00:00
Ridesharing companies like Uber and Lyft have fundamentally reshaped personal transportation – and has created novel legal challenges in accident litigation, liability allocation and insurance coverage. This program presented by attorney Zachary Pyers will provide attorneys with a comprehensive examination of the rapidly evolving legal issues surrounding ridesharing accidents.
Participants will gain an in-depth understanding of the prevalence of ridesharing, applicable state & federal regulations, and the complex relationships between drivers, companies, and passengers. The course explores negligence claims against drivers, direct and vicarious liability theories against companies, insurance gaps during different ridesharing “periods,” and evolving defenses. The program also addresses high-profile litigation, settlements, and regulatory actions, while highlighting key ethical considerations for attorneys handling ridesharing cases. By combining practical litigation strategies, case law analysis and ethical pitfalls, this CLE equips attorneys to effectively represent plaintiffs or defendants in ridesharing accident cases while maintaining compliance with professional responsibility standards.
Learning Objectives
- Identify the regulatory frameworks governing ridesharing companies, including state-level insurance, licensing and driver requirements.
- Analyze the employment status of drivers and evaluate its impact on liability allocation between drivers and ridesharing companies.
- Assess the applicability of legal theories such as negligence, respondeat superior, joint enterprise liability, and negligent hiring/retention.
- Evaluate insurance coverage during the three distinct ridesharing periods and recognize common coverage gaps for drivers, passengers, and third parties.
- Examine case law involving ridesharing accident claims, arbitration agreements, and regulatory settlements (e.g., Doe v. Uber, Good v. Uber, Meyer v. Uber, Gunter Willim v. Uber).
- Apply ethical rules to ridesharing cases, including duties of competence in technology, confidentiality obligations, conflict of interest assessments, and restrictions on financial assistance.
- Advise clients on emerging ridesharing issues such as data privacy, safety features, and potential common carrier status.
Zachary B. Pyers focuses his practice on civil litigation – including complex and class action litigation, corporate and commercial litigation, professional liability, and catastrophic loss.
Practice Areas: Litigation, Personal Injury
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | California (CA) | Colorado (CO) | Connecticut (CT) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Idaho (ID) | Illinois (IL) | Indiana (IN) | ITA (ITA) | Kansas (KS) | Louisiana (LA) | Maine (ME) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Missouri (MO) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Washington (WA) | Wyoming (WY)
Course Expiration: 09/17/2030
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, USB
1.00 credit hours
Original Production Date: 09/17/2025
Run Time: 1:00:00
The ethical rules regarding conflicts of interest may appear deceptively simple. However, there are numerous situations that may arise where they can be very complicated or deceptive. Or there could be an exception to the conflicts rule or a way to work around it with a well-crafted consent.
In this CLE, ethics expert & Professor of Legal Ethics Cari Sheehan will provide practical guidance on specific ethical situations that arise in your daily practice. Cari will mainly discuss the ethical framework, practical steps to avoid conflicts of interest and specific scenarios where conflicts occur. The steps to conflicts of interest resolution discussed: (1) identifying if it’s a current, former or prospective client, (2) analyzing whether a conflict exists, (3) determining if the conflict is consentable, (4) obtaining informed consent, and (5) remedies if the conflict is not resolved. Specific issues presented: joint representation, the informed disclosure that is required, simultaneous representation in unrelated matters, the material limitation standard, prior work conflicts, informed consent, injunctive relief, disqualification, fee forfeiture, former clients, imputed conflicts, utilizing a firm-wide database and creating ethical walls/screens. Model Rules implicated: 1.7, 1.8, 1.9, 1.10 1.11 & 1.13.
With over 15 years of legal experience in civil litigation, conflicts of interest, and professional responsibility, Cari Sheehan serves as the Taft Law’s Assistant General Counsel. She is also an Assistant Clinical Professor of Business Law and Ethics with the IU Kelley School of Business in Indianapolis where she teaches courses in Business Law and Ethics.
Specialty Areas: Legal Ethics
Practice Areas: Ethics, Law Practice Management, Professional Conduct
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | Arkansas (AR) | California (CA) | Colorado (CO) | Connecticut (CT) | Delaware (DE) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Hawaii (HI) | Idaho (ID) | Illinois (IL) | Indiana (IN) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Montana (MT) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | Rhode Island (RI) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA) | West Virginia (WV) | Wyoming (WY)
Course Expiration: 03/14/2030
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, USB
1.00 credit hours
| 1.00 Legal Ethics
Original Production Date: 03/27/2025
Run Time: 1:00:00
Nearly a century before the first Tesla hit the streets, the driverless car du jour was a Pontiac known as the Phantom developed in the 1920’s. The Phantom was remote controlled by the tap of a telegraph key by a second car trailing miles behind.
Fast forward to today & driverless cars are set to take the world by storm with the global market for self-driving vehicles reaching around $2.5 trillion by 2030. But we are still at the infancy of this new technology that heavily employs autopilot and CAT (Collision Avoidance Technology). In this CLE, Brett Scheiber will detail this new technology and discuss litigation that has ensued from accidents involving Tesla vehicles. Brett will mainly: demystify autopilot, describe how the tech works & how it fails, review Tesla’s claims regarding its autopilot and CAT (Collision Avoidance Technology) technology, show you how to collect the evidence for litigation and how to vett these & other CAT cases. He will also discuss: the 5 levels of tech, myths & facts regarding autopilot & CAT, EDR (Event Data Recorder) data, on-board Tesla videos, car log/D16, the NHTSA & NTSB and the future of Tesla cases & litigation.
Brett Schreiber’s practice includes mass torts, personal injury, medical malpractice and condemnation law. Whether lecturing student groups or handling pro bono claims for wrongfully convicted, he is guided by the Hebrew principle of tikkun olam meaning “to heal the world.”
Practice Areas: Litigation, Personal Injury
Offered In: Alabama (AL) | Alaska (AK) | Arizona (AZ) | Arkansas (AR) | California (CA) | Colorado (CO) | Connecticut (CT) | Delaware (DE) | District of Columbia (DC) | Florida (FL) | Georgia (GA) | Hawaii (HI) | Idaho (ID) | Illinois (IL) | Indiana (IN) | ITA (ITA) | Kansas (KS) | Kentucky (KY) | Louisiana (LA) | Maine (ME) | Maryland (MD) | Massachusetts (MA) | Michigan (MI) | Minnesota (MN) | Mississippi (MS) | Missouri (MO) | Montana (MT) | Nebraska (NE) | Nevada (NV) | New Hampshire (NH) | New Jersey (NJ) | New Mexico (NM) | New York (NY) | North Carolina (NC) | North Dakota (ND) | Ohio (OH) | Oklahoma (OK) | Oregon (OR) | Pennsylvania (PA) | Puerto Rico (PR) | Rhode Island (RI) | South Carolina (SC) | South Dakota (SD) | Tennessee (TN) | Texas (TX) | Utah (UT) | Vermont (VT) | Virginia (VA) | Washington (WA) | West Virginia (WV) | Wyoming (WY)
Course Expiration: 01/24/2030
Media Type: Streaming Video, Streaming Audio, Audio Download, Video Download, MP3 Player, USB
1.00 credit hours
Original Production Date: 01/24/2025
Run Time: 1:00:00
