Drafting Masterful Licensing Agreements & MSA’s
Date: Aug 18, 2023 9:00 a.m. – 12:00 p.m.
Member Price: $152
Non-Member Price: $190
Section Price: $143
- Lenné Eidson Espenschied
- State Bar of Georgia, Atlantais a national speaker from Atlanta, Georgia, who has trained thousands of lawyers in the U.S. and Canada in the art of contract drafting through continuing legal education seminars for bar associations, law firms and corporate legal departments. Her passion is helping new lawyers acquire the skills they need to be successful in transactional practice.
Ms. Espenschied practiced law in Atlanta, Georgia for 25 years, and focused on technology and intellectual property matters. She began her legal practice with the firm now known as Eversheds Sutherland and eventually worked as senior counsel in the legal department of Bank of America. Prior to attending law school she was a Certified Public Accountant at Ernst & Young, where she audited Fortune 500 companies and assisted in preparing financial statements and reports for shareholders.
Ms. Espenschied is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed., 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). She was a Professor at Charlotte School of Law and an Adjunct Professor at the University of Georgia School of Law, and taught commercial law, contracts and contract drafting. She is also a contributing faculty member at Thomson/Reuter’s West Legal Ed Center.
Ms. Espenschied received her B.B.A., with high honors, from the University of Georgia and her J.D., magna cum laude, from the University of Georgia School of Law, where she served on the Editorial Board of Georgia Law Review and was a member of Order of the Coif. She also won a prestigious award as a teaching assistant in the UGA Terry College of Business.
A licensing agreement can be a profitable option for solo entrepreneurs, inventors and many business owners because it allows them to license the use of an intangible asset like copyrighted work, trade secrets, brand names and patents. Lawyers who draft licensing agreements must protect their clients’ interests and be mindful of the pitfalls involved.
MSA’s protect another kind of intangible valuable asset – time. A good MSA allows parties in ongoing business relationships to plan for the future while also speeding the ratification of future agreements by creating a contract framework that establishes the foundation for all future actions. Further, MSA’s allow for modifications as circumstances evolve by addressing only the specific deal at hand but maintaining the basic tensets that will govern all future contracts.
While both licensing agreements and MSA’s are commonly used in a vast array of transactions and for different purposes, some vital concepts consistently apply.
In this imminently useful program, you will learn 5 things all lawyers should know before drafting licensing agreements, 5 things all lawyers should know before drafting MSA's, and 10 awful mistakes lawyers often make in drafting standard forms, including:
- provisions creating illusory contracts
- important provisions being omitted
- ambiguous and ineffective definitions
- inconsistent provisions
- and much more
You will learn threshold issues, key points, and basic provisions to include. Learn the most likely sources of disputes and litigation arising out of licensing and services agreements. Dozens of authentic forms from recent transactions will be discussed in the presentation and are included in the written materials. In this fast-paced program, learn what to do, what not to do, and how to avoid costly errors to draft more competently and confidently.