Utilizing Limitation of Liability Clauses in Business Contracts
Limiting Potential Damages and Avoiding Pitfalls With Carefully Negotiated Provisions
Recording of a 90-minute CLE 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 limitation of liability clauses
- Enforceability challenges with limitation of liability clauses
- Interplay of limitation of liability clauses with indemnification provisions
- Tying enforcement of limitations of liability to key performance conditions
The panel will review these and other high priority issues:
- What should business counsel consider when drafting and negotiating limitation of liability provisions in contracts?
- What are the enforceability challenges for parties seeking to invoke a limitation of liability clause?
- What is the interplay between limitation of liability clauses and indemnification provisions in business agreements?
Monique N. Bhargava
Loeb & Loeb
Ms. Bhargava advises clients in a broad spectrum of industries with respect to advertising, consumer... | Read More
Ms. Bhargava advises clients in a broad spectrum of industries with respect to advertising, consumer promotions/marketing, trademark, copyright, data privacy, domain name, and other intellectual property matters relating to the advertising, entertainment, and media sector. She also has extensive experience negotiating sales and marketing agreements, advertising and media technology agreements, as well as talent, sponsorship, and licensing agreements.Close
Eric A. Grasberger
Mr. Grasberger focuses his practice on development and construction law, including development risk analysis and risk... | Read More
Mr. Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts. He is the Chair of the firm’s Construction and Design Group, former Chair of the Oregon Construction Claims Task Force, and a frequent lecturer on design industry issues.Close
Kenneth W. Lee
Post & Schell
Mr. Lee practices in the areas of commercial contracts and the litigation thereof, construction litigation,... | Read More
Mr. Lee practices in the areas of commercial contracts and the litigation thereof, construction litigation, construction-related insurance matters, municipal and government contracts, and surety law. Mr. Lee represents owners, contractors and surety providers in all fields of the construction industry. He has handled mechanics’ lien and litigation matters in numerous states, has written and lectured on most areas in which he practices, and has acted as an expert witness. Mr. Lee drafted the Contracts Section of the Pennsylvania Standard Jury Instructions (2nd, 3rd, 4th Eds.) published by the Pennsylvania Bar Institute.Close