Risk Transfer in Commercial Contracts
Leveraging Indemnity, Insurance and Limitation of Liability Clauses to Mitigate Risk
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide business counsel with a roadmap for crafting and negotiating indemnity, insurance and limitations of liability provisions in commercial contracts. The panel will discuss language that should be included in contracts and explain strategies for avoiding common negotiation pitfalls.
Outline
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Negotiating indemnity provisions
- Exclusivity of remedy
- Specificity
- Indemnity and settlements
- Interpretation of indemnity
- Duty to provide a defense
- Damages/limitations on damages
- Sandbagging
- Mitigating risk with insurance
- Waiver of subrogation
Benefits
The panel will review these and other key questions:
- How can counsel for parties to commercial contracts best mitigate risk when drafting and negotiating indemnification provisions?
- How have the courts' varying interpretations of indemnity provisions impacted parties' ability to shift liability in commercial contracts?
- How can parties use insurance provisions and additional insured endorsements to meet defense and indemnity obligations?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Skip Durocher
Partner
Dorsey & Whitney
He has represented clients in cases involving commercial and financial issues for over twenty years. He has handled a... | Read More
He has represented clients in cases involving commercial and financial issues for over twenty years. He has handled a wide variety of litigated matters, including commercial contracts, minority shareholder disputes, consumer credit, insurance coverage, business torts, federal Indian law, and other civil actions.
CloseD. Hull Youngblood, Jr.
Of Counsel
The Ford Firm
Mr. Youngblood focuses his practice on government contracting, the security industry, and complex financial... | Read More
Mr. Youngblood focuses his practice on government contracting, the security industry, and complex financial transactions. He represents clients in a wide array of local, state and federal contracting transactions and disputes. He is a prolific writer and speaker on legal topics, including contract drafting, indemnification, financing and ethics. He is one of the country’s most sought after CLE speakers.
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