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Business Torts: How Transactions Spawn Litigation, Part I: Teleseminar
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When: Wednesday, December 6, 2017
Dial-in: 12:45 PM | Program: 1:00 PM - 2:00 PM
Where: Teleseminar: WebCredenza

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These telephone seminars are presented by national speakers who are experts in their areas of practice often ABA Section chairs, authors of books in their areas of practice, and heads of practice groups.

Business, real estate and commercial transactions and negotiations are fraught with potential tort liability for attorneys and their clients. Whether out of disappointment at losing a deal or as a negotiating tactic or legitimate belief, counter-parties, competitors and third parties can easily allege tortious interference with existing or prospective business relationships. There is also the risk of breaching the duty of good faith and fair dealing in transactions or misusing proprietary information obtained in negotiations in a failed deal. Recruiting a star employee from a competitor can also give rise to a host of torts that might diminish or eliminate the value of the hire. This program will provide transactional attorneys a practical framework for understanding the range of torts that may be alleged against them or their clients and discuss real-world defenses and methods to avoid litigation and liability. 

Day 1 – December 6, 2017:

  • Understanding business torts and liability for transactional attorneys
  • Intentional interference with an existing contractual relationship – and the “business privilege” of competitors
  • Interference with a prospective contract or transaction – what’s an “expectancy”? 
  •  Fraudulent misrepresentations – how does an attorney spot “intent”?
  •  Negligent misrepresentation, including contributory negligence and the economic loss rule

Day 2 –  December 7, 2017:

  • Implied covenant of good faith and fair dealing – what it means for contract negotiations
  • Contract terms involving discretion v. explicit terms
  • Misdeeds by clients in contract negotiations
  • Misappropriation of trade secrets disclosed in contract negotiations
  • Usurpation of business opportunities and the organizational opportunity doctrine
  • Torts in recruiting and hiring key employees away from competitors

Shannon M. Bell,
Kelly & Walker, LLC

MSBA Standard Member: $69
Non-Members: $99


Once registered, you will receive an email confirmation from the MSBA containing a toll-free telephone number to call on the day of the seminar.

Prior to the seminar or on the morning of the seminar, you will receive an email with a .pdf containing the materials for the program to dowload to your desktop or mobile device.

Members and Non-Members need to log in to see the proper registration fees.

  • Members: If you are a member of the MSBA, please sign in to receive the member rate.
  • Non-Members & Non-Attorneys: If you have attended any MSBA event in the past, you have an account with us. If you do not know your username or password, please call the MSBA. We will provide you with login credentials so you can register online.
  • If you have never attended an MSBA event: Please call the MSBA or mail or fax this registration form to register.

Full refunds will be given to those who cancel by 4:30 p.m., 5 working days prior to the program. Registrants who cancel after this deadline but prior to the program date will be charged an administrative fee of $15 per credit hour. A link to download and print the materials will be sent to those who fail to cancel in advance.


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