Litigating Indemnification and Representations and Warranty Provisions in Commercial Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss litigating indemnification and reps and warranty provisions in commercial contracts. The program will provide counsel with strategies for enforcing or attacking claims arising from contractual disputes involving these provisions.
Outline
- Principles of indemnification and the duty to defend
- Principles of representation and warranties
- Litigation issues and challenges
- Statutes of limitations
- Choice of law provisions
- Contractual ambiguities
- Indemnification for an indemnitee’s negligence
- Exculpatory/limitation of liability provisions
- Implied/equitable indemnification
- Attorneys’ fees
Benefits
The panel will review these and other key issues:
- How have the courts’ varying interpretations of indemnification provisions impacted parties’ ability to shift liability in commercial contracts?
- What enforceability challenges do parties commonly face when seeking to make an indemnification claim?
- What are the most commonly disputed issues in alleged breach of reps and warranties claims?
- What are best practices for litigating indemnification and reps and warranties provisions?
Faculty
Arthur H. Aufses, III
Partner
Kramer Levin Naftalis & Frankel
Mr. Aufses is a commercial litigator who often defends securities and class action lawsuits, conducts internal... | Read More
Mr. Aufses is a commercial litigator who often defends securities and class action lawsuits, conducts internal corporate investigations into accounting and related issues, and counsels corporate officers, directors and financial advisers on securities and other potential liabilities. His recent representations include defending publicly traded companies in securities class action lawsuits and related regulatory investigations; defending corporate officers and directors in securities litigation; and representing the independent trustees of mutual funds in regulatory investigations and class action and derivative litigation.
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Jeff Brown
Partner
Thompson Coburn
As a real estate litigator with more than 30 years of experience, Mr. Brown develops and executes highly effective... | Read More
As a real estate litigator with more than 30 years of experience, Mr. Brown develops and executes highly effective litigation strategies for clients with all types of commercial real estate disputes. He has obtained favorable results in state and federal courts, arbitrations, and before state and federal appellate courts. Mr. Brown’s broad litigation skills also benefit clients during deal negotiations and pre-litigation stages, helping them to minimize exposure and maximize recovery in the event of a future dispute. He also frequently leads other litigation efforts, including product liability, IP, and general commercial disputes.
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