Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide business counsel to draft and negotiate appropriate limitation of liability (LOL) clauses in business contracts. The panel will discuss critical considerations when crafting the provisions, enforceability challenges, the interplay of LOL clauses with indemnification provisions, and the use of conditions that must be met for the limitation to be enforceable.
Outline
- Drafting considerations and best practices for LOL clauses
- Enforceability challenges with LOL clauses
- The interplay of LOL clauses with indemnification provisions
- Tying enforcement of LOLs to key performance conditions
Benefits
The panel will review these and other high priority issues:
- What should business counsel consider when drafting and negotiating the LOL provisions in contracts?
- What are the enforceability challenges for parties seeking to invoke an LOL clause?
- What is the interplay between LOL clauses and indemnification provisions in business agreements?
Faculty
Mark Cohen, J.D., LL.M.
Attorney
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents,... | Read More
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents, advising on and facilitating transactions, helping clients and lawyers improve their documents, and teaching innovative CLE classes. Mr. Cohen’s diverse legal career includes service as an Air Force Judge Advocate, service as a Special Assistant U.S. Attorney, seven years as a prosecutor, over 10 years as a municipal judge, and private practice. He served as the Chairperson of the Editorial Board of The Colorado Lawyer and taught advanced legal writing at the University of Arkansas School of Law. Mr. Cohen wrote six articles for the Am.Jur. Proof of Facts series, including the leading article on piercing the corporate veil. He is the founder of The Plain English Institute.
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Zachary S. Davis
Attorney
Stoel Rives
Mr. Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters,... | Read More
Mr. Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters, with specific emphasis on resolving complex commercial disputes. He employs a proactive approach in assisting clients in developing pre-litigation and litigation avoidance strategies. Mr. Davis’ clients have included corporations, business owners and entrepreneurs in the construction, real estate, technology, hospitality, telecommunications, financial services and insurance industries. As a member of firm’s Construction and Design practice group, he has significant experience drafting and negotiating project agreements. Mr. Davis also advises clients as issues arise during the course of a project and has successfully resolved disputes in multiple forums, including mediation, arbitration and litigation.
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