Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts
Negotiating Scope and Exclusions, Overcoming Enforcement Hurdles, Interplay With Insurance Coverage
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide business counsel in drafting and negotiating indemnification and hold harmless provisions in commercial contracts. The panel will discuss critical elements of indemnification agreements, including scope, exclusions, and cost allocation; enforceability challenges; the interplay with insurance coverage; and strategies for avoiding common negotiation pitfalls.
- Drafting indemnification and hold harmless provisions
- Statutory and common law limitations
- High priority provisions
- Exculpatory clauses
- Enforcing indemnification provisions
- Interplay with insurance coverage
The panel will review these and other crucial issues:
- What are the parameters of statutory and common law indemnity and how can parties alter these obligations contractually?
- How can business counsel best mitigate risk when drafting and negotiating indemnification and hold harmless provisions in commercial contracts?
- 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?
Peter D. Feinberg
Law Office of Peter D. Feinberg
Mr. Feinberg has more than 25 years of experience representing individuals and companies in all aspects and many... | Read More
Mr. Feinberg has more than 25 years of experience representing individuals and companies in all aspects and many sectors of commercial, intellectual property, corporate and real estate transactions. Mr. Feinberg has successfully closed well over 100 transactions, representing buyers and sellers, public and privately held companies, multinational firms, family owned businesses and private equity firms. He has been a partner at Thelen Reid & Priest and Ferrari Ottoboni, worked in house at NetApp and Clorox and most recently was of counsel to Hoge Fenton in Silicon Valley. Mr. Feinberg is currently engaged in solo and independent practice in San Francisco. He is a regular speaker for attorneys and other professionals on commercial and corporate topics at continuing legal education events for Stafford Publications, Clear Law Institute and Financial Poise.Close
Mr. Londin counsels numerous companies in connection with their mergers and acquisitions, financing needs and execution... | Read More
Mr. Londin counsels numerous companies in connection with their mergers and acquisitions, financing needs and execution of their business plans; financial concerns and underwriters in capital markets transactions; emerging-growth companies in the early stages of their business plans; seed capital and venture capital clients in connection with the formation of their investment vehicles; borrowers and lenders in secured financings; and companies and highly compensated executives in connection with their executive compensation and separation arrangements.Close
Edward J. Momkus
Mr. Momkus concentrates his practice in complex business transactions, mergers and acquisitions, corporate law,... | Read More
Mr. Momkus concentrates his practice in complex business transactions, mergers and acquisitions, corporate law, financing, business succession and liability prevention systems. He negotiates and drafts contracts for a wide array of business transactions, including manufacturing contracts, purchase agreements, equipment leases, corporate and partnership formation, business succession and sales of businesses. He previously was employed as corporate attorney at Leaseway Transportation Corporation and later Evans Products Company, and subsequently became Appliance Group Counsel at Sunbeam Corporation.Close