Limiting Liability in Business Agreements: Contract Clauses, Financial Caps, Indemnities, Liquidated Damages
Note: CPE credit is not offered on this program
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?
Joseph B. Allen
Willcox & Savage
Mr. Allen is a corporate transactional attorney who concentrates his practice on M&A transactions, private... | Read More
Mr. Allen is a corporate transactional attorney who concentrates his practice on M&A transactions, private placement transactions (both as issuer’s counsel and as counsel to venture capital firms, family offices, and angel investors), corporate and LLC governance and reorganizations, joint venture transactions, and complex commercial transactions in the areas of software licensing, industrial equipment sales, and significant supply, reseller, and distribution agreements.Close
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