Limiting Liability in Business Agreements: Contract Clauses, Financial Caps, Indemnities, Liquidated Damages
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise counsel on how to structure deals to limit liability by focusing on contract clauses and financial restrictions or caps. The panel will discuss ways to include indemnification or liquidated damage provisions and how state contract laws may affect risk management.
- Drafting considerations and best practices for limitation of liability clauses
- Use of financial caps and liquidated damages to limit liability
- Enforceability challenges with limitation of liability clauses
- The intersection of limitation of liability clauses with indemnification provisions
The panel will discuss these and other key issues:
- What considerations should business counsel take into account when drafting and negotiating limitation of liability provisions in contracts?
- How can financial caps and liquidated damages mitigate risks?
- How do the UCC and state law affect limitations on liability in business agreements?
- What enforceability challenges do parties commonly face when seeking to enforce a limitation of liability clause?
- What is the interplay between limitation of liability clauses and indemnification provisions in business agreements?
Sara J. Crisafulli
Loeb & Loeb
Ms. Crisafulli maintains a diverse litigation and intellectual property practice with an emphasis on complex commercial... | Read More
Ms. Crisafulli maintains a diverse litigation and intellectual property practice with an emphasis on complex commercial disputes, primarily in the areas of intellectual property and real estate. She has extensive experience managing global trademark portfolios and litigating intellectual property claims involving trademark, copyright and internet law. As a member of the Brand Protection Group, Ms. Crisafulli also handles domestic and international trademark prosecution, licensing, and opposition and cancellation proceedings before the Trademark Trial and Appeal Board. Additionally, she assists clients with brand protection measures, including the development and implementation of global enforcement and anti-counterfeiting strategies, and litigation of domain name disputes.Close
John R. Monterubio, Jr.
Loeb & Loeb
Mr. Monterubio focuses his practice on technology, media, advertising and corporate matters. He has experience... | Read More
Mr. Monterubio focuses his practice on technology, media, advertising and corporate matters. He has experience negotiating and drafting a wide range of contracts, including software licenses, data licenses, hosted services agreements, professional services agreements and NDAs. He also advises clients on IT outsourcing and the acquisition of technology and software. Additionally, Mr. Monterubio’s experience includes counseling technology and media startups on trademarks and various corporate matters involving business formation, corporate governance and venture capital.Close
Loeb & Loeb
Mr. Stern has advised clients for over 30 years in all aspects of business law, both as in-house counsel and at law... | Read More
Mr. Stern has advised clients for over 30 years in all aspects of business law, both as in-house counsel and at law firms. He concentrates his practice on outsourcing, technology-enabled business transactions, e-commerce, technology transfers, licensing, intellectual property and joint ventures; including transactions involving the commercialization of intellectual property. Akiba helps his clients with outsourcing transactions and strategic alliances, as well as with structuring, negotiating and implementing commercial strategies, alliance structures, pricing models, governance arrangements, change management protocols, contract administration and supplier compliance strategies. While Mr. Stern's outsourcing experience is across all business processes and many business verticals, the majority of his work is for financial services companies, including investment banks, hedge funds, commercial banks, insurance companies and specialty financiers. Mr. Stern has lectured widely and has published many articles regarding outsourcing, computer and Internet law, and intellectual property.Close