Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar 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.
- 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
The panel will review these and other high priority issues:
- What should business counsel consider when drafting and negotiating LOL provisions in contracts?
- What are the enforceability challenges for parties seeking to invoke a LOL clause?
- What is the interplay between LOL clauses and indemnification provisions in business agreements?
Zachary S. Davis
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.Close
David Fowler Johnson
Managing Shareholder/Fort Worth Office
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust,... | Read More
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust, estate, and closely-held business disputes. A frequent writer and speaker, David is known around the state as a thought leader in the fiduciary area. Mr. Johnson’s experience in trust and estate disputes includes will contests, elder abuse, mental competency, undue influence, trust modification/reformation/clarification, breach of fiduciary duty and related claims. Additionally, he has a transactional practice for trust departments in providing legal opinions on the construction of trust documents, documenting release and consent agreements, resignations, successor appointments, modification of trusts, trust mergers, trust severances, etc.Close