Perspectives and Protections from all Sides of the Table - with Real-World Strategies and Solutions
With a boilerplate provision NOT being an option when drafting an indemnification clause, the amount of risk, liability and potential error soars to an all-time high. Veteran attorneys who work with complex agreements daily and know the extreme dangers and problems that indemnification provisions bring, will equip you with proven skills you can start using right away to ensure your clients are fully protected. You'll also learn practical remedies for how to effectively resolve complex disputes involving indemnity. Dig deep into the in's and out's of these thorny clauses and gain years of experience in just one day - order now!
- Get real-world drafting examples and checklists you can use right away.
- Create rock-solid, enforceable indemnity provisions to avoid liability, damages and potential disputes.
- Review different types of indemnity clauses and how they should be utilized in various agreements.
- Dig deep into the entanglement of indemnification, insurance and limitation of liability.
- Learn how to control pushback with advanced negotiation methods.
- Learn advanced techniques for proving liability and shifting risk.
- Assertively negotiate indemnification language and control push back from other parties.
10:00 am to 5:00 pm Eastern Standard Time
- Tactical Considerations Before Drafting an Indemnity Clause
10:00 - 10:30, John A. Snow
- Source of Potential Damage or Loss
- Potential Scope and Extent of Damage or Loss
- Who May Cause Loss and Who Would be Responsible
- Extent of Responsible Party
- Responsible Party's Ability to Meet Obligations
- Key Strategies for Drafting the Indemnification Provision
10:30 - 11:30, Mark R. Becker
- Different Agreements, Different Techniques
11:45 - 12:45, Thomas E. Patterson
- Construction Agreements
- Building Lease Agreements
- Supply Agreements
- Other Agreements
- Secrets to Strategically Negotiating Indemnification Provisions
1:15 - 2:15, Mark R. Becker
- Proven Negotiation Techniques
- How to Strategically Negotiate Indemnity and LOL to Reduce Risk
- Overreaching Scope - Should the Indemnifying Party Agree to Defend, as well as Hold Harmless?
- Handling Provision Changes
- Clauses That Aren't Clear
- Controlling Push-Back on Indemnification Language
- Negotiating "No Undisclosed Liabilities" and "Full Disclosure"
- New Ways of Thinking About Indemnity During the Deal
- Multi-Party Negotiations Tips
- Pushing Beyond the Impasse When Negotiations Come to a Halt
- Re-Starting Stalled Negotiations: Sophisticated Methods
- Detangling Indemnity & Strategically Proving Liability
2:15 - 3:45, Rebecca A. Bowman
- Who's Responsible? Recent Case Law and Current Trends
- Proving Liability: What Evidence do You Need?
- Drafting Agreements That Provide for Immediate Relief
- Finding the Source of Loss/Damage
- Calculating Damages
- Proving Joint/Several Liability
- Proving Extent of Responsible Party
- Overcoming Enforceability Issues
- Advanced Defense Techniques
- Ethics for the Business Contract Attorney
4:00 - 5:00, John A. Snow
- The Dangers of Using Boilerplate Provisions
- Clients That Don't Read the Document(s)
- Multi-Party Negotiations
- Role of Lawyers in Negotiations
- Amendments and Waivers
This program is designed for attorneys. Accountants and paralegals will also benefit.