Mitigating Supply Agreement Risks: Structuring Defense, Indemnity, and Insurance Provisions
Allocating Liability Between Manufacturers, Suppliers, and End Sellers; Maximizing Insurance Coverage for Losses
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide guidance to counsel for manufacturers, suppliers, and end sellers on drafting and negotiating provisions in supply agreements that effectively allocate and mitigate risk, focusing specifically on defense, indemnity, and insurance clauses.
Outline
- Evaluating and drafting defense and indemnity provisions
- Reconciling indemnity obligations and insurance policies
- Potential enforcement and procedural hurdles
Benefits
The panel will review these and other key issues:
- What specific risks should be addressed in the defense, indemnity, and insurance provisions of supply agreements?
- How have the courts' varying interpretations of indemnity provisions impacted parties' ability to shift liability in supply agreements?
- How can parties use insurance provisions to meet defense and indemnity obligations?
- What are the most commonly disputed issues during supply contract negotiations, and what are effective strategies for resolving them?
Faculty
Micah Fishman
Associate
Thompson Hine
Mr. Fishman, an associate in the Business Litigation group, has broad litigation experience in both state and federal... | Read More
Mr. Fishman, an associate in the Business Litigation group, has broad litigation experience in both state and federal court in areas including commercial claims, product liability, class action defense, medical malpractice and insurance coverage. Prior to joining Thompson Hine, Mr. Fishman was an associate for a national insurance coverage firm and a nationally recognized litigation firm. While attending law school, he served as a judicial extern for Judge Eve Reilly of the Circuit Court of Cook County, Chancery Division.
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Sean A. Gordon
Partner
Thompson Hine
Mr. Gordon focuses his practice on bankruptcy reorganization and litigation, creditors’ rights, loan... | Read More
Mr. Gordon focuses his practice on bankruptcy reorganization and litigation, creditors’ rights, loan restructuring and workouts, foreclosure, and commercial and real estate litigation. He represents lenders, corporations, creditors’ committees, trustees, individual creditors, lessors, lessees, debtors and landlords, both inside and outside of bankruptcy. Mr. Gordon has broad experience in federal, state and bankruptcy courts throughout the United States.
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Matthew D. Ridings, CCEP
Partner
Thompson Hine
Mr. Ridings' practice focuses on antitrust and anti-corruption related matters. He has successfully tried... | Read More
Mr. Ridings' practice focuses on antitrust and anti-corruption related matters. He has successfully tried numerous criminal and civil trials that have alleged various antitrust, RICO, and other corruption-related violations. Outside of the court room, Mr. Ridings has defended companies and individuals in investigations and proceedings brought by the Department of Justice, Federal Trade Commission, Securities and Exchange Commission, European Commission, and the Canadian Competition Bureau, among others.
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Jennifer S. Roach
Partner
Thompson Hine
Ms. Roach focuses her practice on litigating unfair competition, intellectual property, trade secret... | Read More
Ms. Roach focuses her practice on litigating unfair competition, intellectual property, trade secret misappropriation, distribution and antitrust matters, and providing advice and guidance to clients concerning distribution, franchise, antitrust and unfair competition issues and the protection of intellectual property. She has trial experience in both federal and state courts, and has drafted numerous agreements related to product distribution in the United States and internationally.
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