Drafting Enforceable Limitation of Liability Clauses in Business Contracts
Limiting Potential Damages and Avoiding Enforceability Pitfalls With Carefully Negotiated Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to business counsel for drafting and negotiating enforceable limitation of liability clauses in business contracts. The panel will discuss key considerations when crafting the provisions, enforceability challenges, and the interplay of limitation of liability clauses with indemnification provisions.
- Drafting considerations and best practices for limitation of liability clauses
- Enforceability challenges with limitation of liability clauses
- Interplay of limitation of liability clauses with indemnification provisions
The panel will review these and other key issues:
- What considerations should business counsel take into account when drafting and negotiating limitation of liability provisions in contracts?
- What enforceability challenges do parties commonly face when seeking to invoke a limitation of liability clause?
- What is the interplay between limitation of liability clauses and indemnification provisions in business agreements?
Kenneth M. Gorenberg
Barnes & Thornburg
Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and... | Read More
Mr. Gorenberg is a member of the firm’s Litigation Department and its Policyholder Insurance Recovery and Counseling Practice Group. His insurance practice focuses on a number of complex issues for corporate policyholders. He assists clients in litigation, arbitration, and negotiation of a wide variety of business disputes. His commercial clients have included financial institutions, hoteliers, real estate developers, publishers, and web-based ticket brokers. He defends manufacturers, design engineers and premises owners in “bet the company” asbestos personal injury litigation.Close
Steven M. Richman
Mr. Richman practices in the areas of domestic and international commercial law, including distributorships,... | Read More
Mr. Richman practices in the areas of domestic and international commercial law, including distributorships, intellectual property, agency, art and photography law, professional responsibility and contracts. He is chair of the New Jersey State Bar Association's International Law Committee. Within the American Bar Association, Steven is incoming vice-chair of the ABA's Section of International Law and chairs the IBA's Multidisciplinary Practice Committe. He is a frequent CLE lecturer both in this country and around the world.Close