Negotiating Licensing Agreements: Risk Mitigation Provisions

Crafting Representations and Warranties, Indemnification, Remedies and Limitation of Liability Clauses

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, May 10, 2011

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide counsel with a roadmap for crafting common risk mitigation provisions in license agreements. The panel will discuss specific clauses that should be included in contracts and explain strategies for avoiding common pitfalls and resolving contract disputes.


Negotiating licensing agreements can be challenging, and disputes commonly arise over risk mitigation provisions. The licensor will pursue the broadest disclaimers of warranties provisions and the strictest limitation of liability clauses.

Because the economic benefits of a transaction can vary widely as a result of the duty to indemnify, indemnification clauses are often hotly contested.

When negotiating and drafting license agreements, both sides must carefully choose their language and avoid boilerplate provisions that can have severe unintended consequences.

Listen as our authoritative panel of attorneys guides you through best practices for drafting and negotiating risk mitigation provisions of licensing agreements.



  1. Recent legal developments and business trends in negotiating licensing transactions
  2. Commonly negotiated risk mitigation provisions
    1. Representations and warranties
    2. Indemnification
    3. Limitation of liability
    4. Damages
  3. Strategies for negotiating and resolving contract disputes


The panel will review these and other key questions:

  • What pitfalls exist in drafting representations and warranties in licensing agreements?
  • What are the most commonly disputed issues over indemnification and what are some effective strategies for resolving them?
  • What is the difference between a limitation of warranties and a limitation of liability?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Rebecca G. Bradley
Rebecca G. Bradley

Whyte Hirschboeck Dudek

She concentrates her practice in commercial, information technology and intellectual property litigation and...  |  Read More

Howard Wettan
Howard Wettan

White & Case

His practice is focused on a variety of intellectual property and technology-related transactional matters in...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio