Go beyond a cursory review of standard commercial agreements and dive into clauses that can make or break a deal. These on-demand programs are designed to help lawyers identify the “weak spots” in a contract so that their drafted language stands up to new case law and provides protection and value to their clients. These on-demand programs were originally presented on December 11, 2024. The total running time for each presentation ranges between 1 hour, 17 minutes to 1 hour, 41 minutes.

This paper addresses considerations counsel should be aware of when drafting earn-out provisions and accounting issues that may impact earn-out provisions. It also provides a brief review of recent case law which illustrates the importance of addressing these areas of importance when drafting the agreement. This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.