Business & Securities Law

4.14

Indemnification Provisions 101: Drafting, Negotiating, Common Mistakes

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 56 minutes
John Snow
Peter Nealis
Gail Ritzert
Mark Kimball
With John A. Snow from Parsons Behle & Latimer + 3 others
Recorded November 08, 2024.
Product ID 98520

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Overview

Sample Language and Expert Advice for Negotiating and Enforcing Key Contract Provisions

Do you sometimes wonder if specific contract language might be creating more problems than it solves? This legal primer has the answers. Get fundamental drafting instructions for the most powerful and confounding contract provisions. Our experienced attorney faculty will guide you through anticipating likely implications of each word and will share their own hard-won contract language that's worked for them. Learn to draft and negotiate these key clauses with confidence - register today!

  • Get a foundational overview of indemnity laws.
  • Clearly outline the scope of the claims.
  • Identify indemnitors and indemnitees and their obligations.
  • Leverage effective negotiating tools to better position your client.
  • Explore liability limiting provisions that go hand in hand with indemnification.
  • Come away with legal ethics guidance that pertains specifically to contract law practice.

Abbreviated Agenda

  1. Understanding the Laws of Indemnity
  2. Preliminary Considerations
  3. Drafting the Indemnification Provision: Part I (With Sample Language)
  4. Drafting the Indemnification Provision: Part II (With Sample Language)
  5. Essential Negotiating Tactics
  6. Enforceability at Drafting and in Disputes
  7. Top Drafting Mistakes and Unintended Outcomes
  8. Insurance and LOL Provisions that Go Hand in Hand with Indemnification Clauses
  9. Legal Ethics for the Business Contract Attorney

Related Topics

Product ID 98520

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Understanding the Laws of Indemnity

  2. Preliminary Considerations

  3. Drafting the Indemnification Provision: Part I (With Sample Language)

    1. Defining Scope: What Types of Claims are Covered?
    2. Who are the Indemnitors and the Indemnitees?
    3. What is the Obligation?
    4. Active vs. Passive Negligence Terms

  4. Drafting the Indemnification Provision: Part II (With Sample Language)

    1. Events, Damages Covered
    2. Hold Harmless Provision
    3. Reciprocity
    4. Third Party Claims
    5. Settlement Process
    6. Tip for Reviewing Contracts

  5. Essential Negotiating Tactics

  6. Enforceability at Drafting and in Disputes

  7. Top Drafting Mistakes and Unintended Outcomes

  8. Insurance and LOL Provisions that Go Hand in Hand with Indemnification Clauses

  9. Legal Ethics for the Business Contract Attorney

    1. Guarding Confidentiality
    2. Attorney Competence in the Context of Contract Law
    3. The Dangers of Using Boilerplate Provisions
    4. Clients That Don't Read the Documents
    5. Multi-Party Negotiations and Conflicts of Interest
    6. Role of Lawyers in Negotiations
    7. Candor in Negotiations

Who Should Attend

This program is designed for attorneys. Accountants and paralegals may also benefit.

Speakers

John A Snow
John A.
Snow
Parsons Behle & Latimer
Peter S Nealis
Peter S.
Nealis
Taft Stettinius & Hollister LLP
Gail L Ritzert
Gail L.
Ritzert
Gail L Ritzert, Attorney at Law
Mark D Kimball
Mark D.
Kimball
MDK Law
Speaker bio
John A Snow

John A. Snow

Parsons Behle & Latimer
John Snow

is a shareholder with Parsons Behle & Latimer. His practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense. Mr. Snow is a member of the Utah State Bar; Litigation Section of the Utah State Bar; Construction Law Section of the Utah State Bar; State Bar of Nevada; American Bar Association; Litigation Section, Ethics Advisory Opinion Committee (Utah State Bar); and member of the United States District Court for Utah (Technology Advisory Committee). He has been designated in The Best Lawyers in America for more than five years, in the specialties of legal malpractice law, commercial litigation, and construction law. Mr. Snow has been designated in Utah Business Magazine's Utah Legal Elite, in the specialties of civil litigation and construction law. He has also been designated as a Super Lawyer in the Mountain States in Super Lawyer Magazine, Mr. Snow earned his B.A. degree from Brigham Young University and his J.D. degree, cum laude, from Arizona State University.

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Speaker bio
Peter S Nealis

Peter S. Nealis

Taft Stettinius & Hollister LLP
Peter Nealis

is a partner in the Cleveland office of Taft Stettinius & Hollister LLP, who also practices in Sarasota/Bradenton, Florida. He has substantial experience representing both public and private companies, and investors in a variety of securities, regulatory and corporate governance matters. Mr. Nealis is a member of The Florida Bar and the Sarasota Bar Association. He earned his B.A. degree from Colby College and his J.D. degree from The Ohio State University.

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Speaker bio
Gail L Ritzert

Gail L. Ritzert

Gail L Ritzert, Attorney at Law
Gail Ritzert

is a partner in the New York office of the law firm of Kiernan Trebach, LLP. She focuses her practice on insurance coverage and insurance defense matters, concentrating in both the coverage and defense of catastrophic injury cases arising from construction accidents, products and premises defects, and the defense of municipalities. Ms. Ritzert is a member of the Suffolk County, Nassau County and Connecticut bar associations. She is also a member of the District of Columbia Bar Association, Defense Association of New York (past president) and Defense Research Institute (has served as the New York state representative). Ms. Ritzert earned her B.A. degree, cum laude, from Pfeiffer College; her M.Ed. degree from Frostburg State University; and her J.D. degree from St. John's University.

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Speaker bio
Mark D Kimball

Mark D. Kimball

MDK Law
Mark Kimball

is the founding shareholder of MDK Law, a firm emphasizing corporate, commercial and property law, and consulting in matters involving federal and international taxation. He is admitted to practice in Washington, New York, Texas, and Oregon. Mr. Kimball is an adjunct professor of law at Eotvos Lorand and Masaryk Universities in Europe, and has served as a law school guest lecturer at Seattle University School of Law. He is also engaged as an expert witness in superior court cases involving limited liability companies, governance, and other member issues. Mr. Kimball has been admitted to the Second Circuit Bar (New York, Connecticut and Vermont), Fifth Circuit Bar (Texas and Louisiana), and the Oregon State Bar. He earned his J.D. degree and LL.M. (taxation) degree from the University of Washington School of Law, and also holds an LL.M. degree in transnational commercial practice from Europe. 

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