This practical webinar will give you the tools to effectively draft and vary your independent contractor and supplier agreements and mimimise risk. Join our contract law specialists who will dissect 5 key clauses that can cause problems including liability and indemnity, intellectual property, penalty, fitness for purpose and restraint of trade clauses, and provide tips on how to ensure they are watertight first time, every time.
Friday, 22 September 2023
3.40pm to 4.25pm Penalty Clauses: Avoiding the Pitfalls of Unenforceable Penalties and How to Word Effective LD Clauses
- The legal test for when a term will be regarded as an unenforceable penalty by the Supreme Court
- Recent decisions
- Some tips on the drafting of effective liquidated damages and similar clauses
Presented by John Steadman, Domain Chapter Lead - Procurement at Spark NZ Limited
4.25pm to 5.10pm Restraint of Trade Clauses: How Far Can Protections Go?
- What interests can restraints protect?
- Different types of restraint clauses
- How do restraint clauses for contractors differ from those for employees?
- What will be enforceable and how to enforce
Presented by Emma Butcher, Partner, BE Employment Law
2.55pm to 3.40pm Fitness for Purpose Clauses
Learn the importance of fitness for purpose clauses and how to draft them.
Presented by Bassam Maghzal, Special Counsel, Buddle Findlay
1.10pm to 1.55pm Liability and Indemnity Clauses
Practical tips on how to draft, negotiate, review and what else to look out for when dealing with some of the most important contractual provisions.
Presented by Campbell Featherstone, Partner, Dentons Kensington
Chair:
Penny Bower, Head of Legal, Waste Management NZ
1.55pm to 2.40pm Protecting Intellectual Property: Drafting Effective Clauses and What to Look Out For
- Defining IP ownership, including scope of IP and any improvements and modifications
- Licencing issues: terms, rights, payments and potential traps
- Protecting valuable IP when engaging with suppliers
- Drafting effective IP warranties and indemnities
Presented by Kristin Wilson, Senior Associate, Bell Gully
Description
Attend and earn 4 CPD hours
1.00pm to 1.10pm Opening Comments from the Chair
5.10pm to 5.15pm Final Q&A and Closing Comments
2.40pm to 3.40pm Break
Learning Objectives:
- Understand the complexities when dealing with liability and indemnity clauses
- Receive valuable guidance on drafting IP clauses
- Examine the legal requirements for drafting penalty clauses
- Learn the importance of fitness for purpose clauses and how to draft them
- Ensure you understand the restraint of trade clauses requirements
Presenters
Mr. Campbell Featherstone, Partner, Dentons Kensington
Campbell is a partner in Dentons Wellington’s corporate and commercial team. He provides advice on all corporate and commercial matters including procurement projects, privacy, IT agreements (including SaaS, agile and waterfall software development, and traditional licensing), IP licensing and consumer and marketing law compliance. In doing so, he is frequently engaged to assist his clients to draft, negotiate and advise on complex commercial arrangements – often with multiple moving parts. He has significant international experience, having previously worked in the UK and the Middle East before returning to New Zealand in 2018, and advises clients based the world over. As a result, he has been exposed to many different drafting and negotiating styles and strategies.
Mr. Bassam Maghzal, Special Counsel, Buddle Findlay
Bassam is a highly driven commercial lawyer specialising in infrastructure and construction projects with extensive experience delivering solution focused legal advice on a variety of complex projects across all industry sectors.
Ms. Emma Butcher, Partner, BE Employment Law
Emma Butcher is a partner at specialist employment law firm BE Employment Law, which has quickly established an outstanding reputation since it opened its doors in April 2021. Emma is a founding partner at BE, alongside Angela Evans. Prior to this, Emma had been an employment law specialist partner in another boutique practice for 14 years and prior to that at a leading national firm, first as a commercial litigator and then as a specialist employment lawyer, for a total of 14 years, the last 4 as a partner. Emma has honed these skills over her years of practice and is now a trusted advisor for mostly employer clients, focusing on commercial resolution of complex issues as soon as possible after they arise. Going back to her litigator roots, she regularly appears as counsel in all the relevant employment jurisdictions. BE Employment Law lawyers regularly provide advice in relation to restraint issues for clients engaging contractors, as contractor relationships and restraints sit within the scope of the firm’s expertise.
Ms. Kristin Wilson, Senior Associate, Bell Gully
Kristin Wilson is an experienced litigator with particular expertise in advertising, food law, privacy (including cyber security), media law and intellectual property. She prides herself on providing pragmatic, commercial and timely advice to clients. She regularly provides legal advice to clients as to how to best comply with the Fair Trading Act, Gambling Act, Privacy Act and Advertising Standards Authority codes. She is experienced in vetting advertisements and promotions, drafting terms and conditions, and responding to Advertising Standards Authority complaints. She advises on a wide range of food law issues, including marketing, export and import requirements, and regulatory compliance including advising on the Food Standards Australia New Zealand (FSANZ) Code, the Food Act, the Wine Act and related regulations and industry codes.
Mr. John Steadman, Domain Chapter Lead - Procurement at Spark NZ Limited
John has 20 years’ experience in law. He spent 8 years in private practice in a variety of commercial and litigation roles before moving in-house to support the ICT business arm of Telecom New Zealand. John spent 8 years working for the Telecom/Spark in-house legal team in a variety of roles before moving into a commercial role for three years as the Head of Strategic Projects where he was responsible for the negotiation and contracting of $2b+ 4G network contracts, online media platforms Lightbox and Spark Sport and ran the 5G network negotiations. He is an experienced technology and telecommunications lawyer and was working for the Chorus legal team supporting the roll out of fibre across New Zealand before returning to Spark. John also regularly speaks and writes on legal topics. He has taught negotiation for the College of Law since 2011 and has studied at the Harvard Negotiation Institute.
Ms. Penny Bower, Head of Legal, Waste Management NZ
Penny has over 20 years' experience both in-house and at law firms in New Zealand and the UK. As in-house corporate counsel, Penny provides advice to the business on a range of matters (strategic and day to day) as well as managing external legal counsel on matters briefed out to ensure that those legal services are provided in the most effective manner. Penny’s role is pivotal within the Corporate Governance team and she is relied on to provide advice and support to all members of that team encompassing health and safety, environment, policy and regulation, sustainability and communications.