[HS] Business Agreements: Checklists & Strategies
Explore what AI can't teach you in business agreements. Gain insights on timing considerations, financing clauses, warranties. Dive into the latest issues in internet and e-commerce law, covering smart legal contracts, privacy policies, and online dispute resolution. Learn effective strategies for shareholders, focusing on responsibilities, engagement, and conflict resolution. WEB2410N05
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Dirk Feinauer, Director, Feinauer Commercial Lawyers
9.00am to 10.00am Considerations for Seller and Buyer: What AI Can't Teach You Yet in Business Acquisitions Agreements
- AI experiences
- Timing consideration
- Conditions precedent
- Assumptions for forecasts/ valuations
- Financing clauses: conditions v fund approval
- Warranties
- Limits on warranties
- Restraints on sellers
- Listed parties v unlisted parties
- Checklists for business acquisitions
Presented by Mark Leaker, Director, Leaker Partners
10.00am to 11.00am Internet and E-commerce Law Business and Policy: Critical Law, Strategies and Latest Issues
- Internet and e-commerce: critical law, business and policy issues
- Smart legal contracts as business tools
- Checklist of key contracts and contract terms to have in place for any online business ventures
- Business terms and conditions (customer-facing agreements)
- Signatures and authentication
- Privacy policies, confidentiality considerations & website terms of use
- Liability issues
- Online dispute resolution
Presented by Dr Anne Fitzgerald, Barrister, QLD Bar; Co-author, Internet and E-Commerce Law, Business and Policy; Introduction to Intellectual Property 1st Edition; Intellectual Property Principles and Practice; and Nutshell: Intellectual Property 4th Edition, Thomson Reuters; Member, Future & Technologies Committee, Bar Association of QLD
11.00am to 11.15am Break
11.15am to 12.15pm Strategies for Shareholders
- What shareholders can do and what they are responsible for
- Keeping shareholders informed and engaged
- Approaches to avoid conflicts among shareholders
Presented by Amanda Comelli, Partner, Brown Wright Stein Lawyers; Accredited Specialist Business Law
12.15pm to 1.15pm She’ll be right! But Just in Case it’s Not, Up to Date Risk Management Strategies in Business Deals?
- Understanding risk in business deals
- Identifying different risks
- Evaluating potential risks
- Mitigating risks: tools and strategies
- Importance of preparation and documentation
- Finalising commercial agreements
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
Presenters
Dirk Feinauer, Director, Feinauer Commercial Lawyers
Dirk Feinauer heads up Feinauer Commercial Lawyers, a law corporation based in Perth, Western Australia and is one of the most experienced German speaking lawyers practicing in Australia. Dirk graduated from the Australian National University, Canberra with a Bachelor of Arts and a Bachelor of Laws in 1989 and 1991 respectively. He is admitted to law practice in the Federal Court and High Court of Australia and the Supreme Courts of Western Australia and New South Wales. Dirk regularly speaks on a range of topics in Australia and across the world. He has written various articles and other publications. Dirk practices in complex corporate and commercial matters and conducts litigation in Superior and the Federal Courts including cross border disputes.
Mark Leaker, Director, Leaker Partners; Accredited Specialist Business Law
Mark Leaker is a Founding Director of Leaker Partners. With 20 plus years’ experience in law, Mark specialises in corporate and commercial law, advising directors, senior officers and shareholders in public and private companies. Mark has acted as Chairman and Non-Executive Director of public and private companies. He is an experienced and talented speaker, having presented at key industry events throughout his career. Corporate and commercial law; Providing advice to Directors, senior officers and Shareholders in public and private companies; Business and Asset acquisitions; Shareholder and Joint Venture Agreements; Fundraising and Finance e.g. capital raising, loan documentation; Director and Shareholder advice, transactions and governance; Intellectual Property Agreements and Advice; Foreign Investment Review Board. Prior to establishing Leaker Partners in 2001, Mark was a partner in a law firm in Adelaide, then General Manager of a finance and investment company in Melbourne. Mark has also acted as Chairman and Director of public and private companies. Mark holds a Bachelor of Laws and Masters of Laws from the University of Adelaide and a Graduate Diploma in Applied Finance from FINSIA (Financial Services Institute of Australia). He is a member of the Australian Institute of Company Directors, Finsia, Australian Corporate Lawyers Association and AMCHAM. Mark has a long involvement with the Hawaiian Ride for Youth as a cyclist, assistant coach and committee member. He is a keen cyclist and member of the West Coast Masters Cycling Club.
Amanda Comelli, Partner, Brown Wright Stein Lawyers; Accredited Specialist Business Law
Amanda is a Law Society of NSW Accredited Specialist in Business Law and currently sits on the Law Society's Specialist Accreditation Advisory Committee for Business Law. With more than 10 years' experience as a business lawyer, Amanda provides commercial and corporate law, tax law and estate planning advice to businesses and business owners. Amanda likes to keep her practice broad, to provide her clients with well-rounded and practical legal advice. Amanda has acted for a range of clients including both private and public companies, accountants, financial planners, retailers, business owners, manufacturers, individuals (including high net worth individuals) and not-for-profit organisations. She is also a founder of the Women in Tax Discussion Group, which is hosted monthly by Brown Wright Stein, as a forum for female tax professionals to meet and discuss recent key changes in tax law in a relaxed and supportive environment. Outside of work, Amanda enjoys travel, fitness, and spending time with her family. She has also represented Australia in several international karate tournaments!
Dr Anne Fitzgerald, Barrister, QLD Bar
Dr Anne Fitzgerald is a Barrister (Queensland and Tasmania), who has practised, taught and researched in the areas of intellectual property law, internet/e-commerce law, technology and the law and international law. She has worked as a senior legal academic, in private and public sector legal practices and as an adviser to government. Anne has a JSD degree from Columbia University, New York (2002), a LLM degree from Columbia University (1992) and a LLM (International Business Law) from the University of London (1989). She graduated with a LLB(Hons) from the University of Tasmania and was Associate to the (then) Chief Justice (and later Governor) of Tasmania, Sir Guy Green. She has held academic appointments at several Australian universities and has presented conference papers, guest lectures and seminars worldwide. Until 2014 Anne held an appointment as Professor of Law at QUT Law Faculty where she took a leading role in landmark research projects and supervised several PhD candidates. At QUT, Anne was a member of the team that inaugurated the WIPO-QUT IP Masters in 2010 and was responsible for the Patent Law & Biotechnological Inventions course in the WIPO program. In 2012 and 2013 Anne led QUT Law School's Intellectual Property and Innovation Law research program. Anne has been a member of Australia's two principal federal government-appointed standing advisory committees on intellectual property: the Advisory Council on Intellectual Property (ACIP) and the Copyright Law Review Committee's Expert Advisory Group. She was a consultant to the review of Australia's innovation system (Venturous Australia: Building strength in innovation (2008)) and was commissioned Government 2.0 Taskforce to write a report on copyright (Engage: Getting on with Government 2.0 (2009)). From 2005 Anne was the legal lead on projects that modelled and implemented systems for the application of Creative Commons licences to government copyright materials (public sector information) and publicly-funded research outcomes (such as journal articles and data). From 2007 to 2014 Anne was the project lead for Creative Commons Australia's engagement with the Australian public sector and played a central role in the work that resulted in Creative Commons licences being adopted as the default copyright licence by the Australian federal government in 2010, followed by other Australian State governments. Anne has published extensively in her fields of expertise. Her most recent publication is Intellectual Property: Principles and Practice (with D Eliades and R Olwan), Thomson Reuters, Sydney, 2022. Other recent publications include: Introduction to Intellectual Property, (with D Eliades), Thomson Reuters, Sydney, 2015; Intellectual Property Law (Nutshell series), (with D Eliades), Thomson Reuters, Sydney, 4th ed, 2015; Internet and E-Commerce Law, Business and Policy (with Brian Fitzgerald and others), Thomson Reuters, Sydney, 2011.