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Overview
Draft Outside the Box
Are your indemnification provisions keeping up with the times? This course is a focused update for legal professionals seeking to stay ahead of the curve. Experienced faculty will discuss the latest developments in indemnification law, highlighting recent case trends in data breaches, construction disputes, and M&A transactions. Explore cutting-edge issues such as the impact of AI on contract practices and align your approaches with changing client needs. Register today!
- Get an update on the biggest contract dispute trends.
- Address current challenges in enforcement and insurance coverage.
- Examine evolving standards in causation and scope of coverage.
- Update your risk allocation strategies.
- Review sample contract language to power up your indemnification drafting skills.
- Help your clients control top current areas of risk.
Abbreviated Agenda
- Current Case Trends: Data Breaches, Construction Disputes, M&A Transactions, etc.
- Focus on Causation: Direct and Contribution
- Scope of Coverage, Obligation to Indemnify, and Recoverable Damages
- Overlapping Provisions: Indemnification and Exculpatory
- Top Barriers to Enforcement
- Effects of AI-Assisted Contract Drafting and Review
- Insurance Coverage Issues: Primary vs. Excess Coverage, Primary Duty to Defend, etc.
- Clarity and Specificity of Contract Language: Drafting Takeaways
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
1.5 Total | 01-22-2027 |
| Arizona CLE |
|
1.5 Total | 01-22-2027 |
| California CLE |
|
1.5 Total | 01-22-2027 |
| Colorado CLE |
|
2 Total | 12-31-2027 |
| Connecticut CLE |
|
1.5 Total | 01-22-2027 |
| Delaware CLE |
|
1.5 Total | 01-22-2027 |
| Georgia CLE |
|
1.5 Total | 12-31-2026 |
| Hawaii CLE |
|
1.5 Total | 01-22-2027 |
| Idaho CLE |
|
1.5 Total | 01-22-2030 |
| Illinois CLE |
|
1.5 Total | 01-21-2027 |
| Maine CLE |
|
1.5 Total | 01-21-2027 |
| Minnesota CLE |
|
1.5 Total | 01-22-2027 |
| Missouri CLE |
|
1.8 Total | 01-22-2027 |
| Northern Mariana Islands CLE |
|
1.5 Total | 01-22-2027 |
| Montana CLE |
|
1.5 Total | 01-22-2028 |
| North Dakota CLE |
|
1.5 Total | 01-22-2028 |
| Nebraska CLE |
|
1.5 Total | 01-22-2027 |
| New Hampshire CLE |
|
1.5 Total | 01-22-2028 |
| New Mexico CLE |
|
1.5 Total | 01-22-2027 |
| Nevada CLE |
|
1.5 Total | 01-22-2028 |
| New York CLE |
|
1.5 Total | 01-22-2028 |
| Oklahoma CLE |
|
2 Total | 01-22-2027 |
| Oregon CLE |
|
1.5 Total | 01-22-2028 |
| Pennsylvania CLE |
|
1.5 Total | 01-22-2027 |
| Tennessee CLE |
|
1.5 Total | 01-21-2027 |
| Vermont CLE |
|
1.5 Total | 01-22-2027 |
| Washington CLE |
|
1.5 Total | 01-21-2030 |
| Wisconsin CLE |
|
1.5 Total | 12-31-2026 |
| West Virginia CLE |
|
1.8 Total | 01-22-2027 |
Credit Details by Jurisdiction
CLE
Credits
Alaska CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Alaska CLE - 1.5: This program may qualify for up to 1.50 hours of technology-delivered credit, which includes 1.50 hours of MCLE credit and 0.0 hours of MECLE credit. Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions.
Video Download - Alaska CLE - 1.5: This program may qualify for up to 1.50 hours of technology-delivered credit, which includes 1.50 hours of MCLE credit and 0.0 hours of MECLE credit. Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions.
Arizona CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Arizona CLE - 1.5: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.50 hours toward your annual CLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.
Video Download - Arizona CLE - 1.5: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.50 hours toward your annual CLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.
California CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - California CLE - 1.5: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 1.50 hours of participatory credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.
Video Download - California CLE - 1.5: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 1.50 hours of self-study credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.
Colorado CLE Approved · 2 Total Credits
Earn Until
OnDemand - Colorado CLE - 2: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program may qualify for up to 2.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.
Video Download - Colorado CLE - 2: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program may qualify for up to 2.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.
Connecticut CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Connecticut CLE - 1.5: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 1.50 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.
Video Download - Connecticut CLE - 1.5: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 1.50 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.
Delaware CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Delaware CLE - 1.5: NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 1.50 hours of eCLE credit, including 0.0 hour of ethics.
Georgia CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Georgia CLE - 1.5: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program may qualify for up to 1.50 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.
Video Download - Georgia CLE - 1.5: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program may qualify for up to 1.50 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.
Hawaii CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Hawaii CLE - 1.5: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 1.50 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.
Video Download - Hawaii CLE - 1.5: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 1.50 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.
Idaho CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Idaho CLE - 1.5: Approved for 1.50 hours of self-study continuing legal education credit in the state of Idaho, which includes 0.0 self-study legal ethics or professional responsibility credit.
Video Download - Idaho CLE - 1.5: Approved for 1.50 hours of self-study continuing legal education credit in the state of Idaho, which includes 0.0 self-study legal ethics or professional responsibility credit.
Illinois CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Illinois CLE - 1.5: This program has been approved by the Illinois MCLE Board for 1.50 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.
Video Download - Illinois CLE - 1.5: This program has been approved by the Illinois MCLE Board for 1.50 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.
Maine CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Maine CLE - 1.5: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 1.50 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.
Video Download - Maine CLE - 1.5: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 1.50 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.
Minnesota CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Minnesota CLE - 1.5: Approved for up to 1.50 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.
Video Download - Minnesota CLE - 1.5: Approved for up to 1.50 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.
Missouri CLE Approved · 1.8 Total Credits
Earn Until
OnDemand - Missouri CLE - 1.8: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 1.80 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.
Video Download - Missouri CLE - 1.8: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 1.80 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.
Northern Mariana Islands CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Northern Mariana Islands CLE - 1.5: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 1.50 hours of self-study CLE credit.
Video Download - Northern Mariana Islands CLE - 1.5: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 1.50 hours of self-study CLE credit.
Montana CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Montana CLE - 1.5: This program may qualify for up to 1.50 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 0.0 hour of professional fitness and integrity credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.
Video Download - Montana CLE - 1.5: This program may qualify for up to 1.50 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 0.0 hour of professional fitness and integrity credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.
North Dakota CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - North Dakota CLE - 1.5: North Dakota attorneys completing this program may claim up to 1.50 North Dakota self-study CLE credit hours, including 0.0 hour of self-study ethics credit, on the Report of Compliance.
Video Download - North Dakota CLE - 1.5: North Dakota attorneys completing this program may claim up to 1.50 North Dakota self-study CLE credit hours, including 0.0 hour of self-study ethics credit, on the Report of Compliance.
Nebraska CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Nebraska CLE - 1.5: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 1.50 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.
Video Download - Nebraska CLE - 1.5: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 1.50 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.
New Hampshire CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - New Hampshire CLE - 1.5: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.
Video Download - New Hampshire CLE - 1.5: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.
New Mexico CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - New Mexico CLE - 1.5: This program has been approved by the State Bar of New Mexico/MCLE. This program may qualify for up to 1.50 hour of self-study credit, including 0.0 hours of self-study ethics credit.
Video Download - New Mexico CLE - 1.5: This program has been approved by the State Bar of New Mexico/MCLE. This program may qualify for up to 1.50 hour of self-study credit, including 0.0 hours of self-study ethics credit.
Nevada CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Nevada CLE - 1.5: This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 1.50 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.
Video Download - Nevada CLE - 1.5: This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 1.50 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.
New York CLE Approved · 1.5 Total Credits
- 1.5 Areas of Professional Practice
Earn Until
OnDemand - New York CLE - 1.5: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 1.50 credit hours. 1.50 hours can be applied to the areas of professional practice requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.
Video Download - New York CLE - 1.5: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 1.50 credit hours. 1.50 hours can be applied to the areas of professional practice requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.
Oklahoma CLE Approved · 2 Total Credits
Earn Until
OnDemand - Oklahoma CLE - 2: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 2.0 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.
Video Download - Oklahoma CLE - 2: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 2.0 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.
Oregon CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Oregon CLE - 1.5: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 1.50 hours of general continuing legal education credit and 0.0 hour of ethics credit.
Video Download - Oregon CLE - 1.5: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 1.50 hours of general continuing legal education credit and 0.0 hour of ethics credit.
Pennsylvania CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Pennsylvania CLE - 1.5: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 1.50 hours of distance learning credit, including 1.50 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.
Video Download - Pennsylvania CLE - 1.5: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 1.50 hours of distance learning credit, including 1.50 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.
Tennessee CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Tennessee CLE - 1.5: This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 1.50 hours of Distance Learning credit, including 0.0 hour of ethics/professionalism (EP) credit.
Vermont CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Vermont CLE - 1.5: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 1.50 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.
Video Download - Vermont CLE - 1.5: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 1.50 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.
Washington CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Washington CLE - 1.5: This program may qualify for up to 1.50 hours of Washington continuing legal education (Self Study) A/V credit, which includes 1.50 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.
Video Download - Washington CLE - 1.5: This program may qualify for up to 1.50 hours of Washington continuing legal education (Self Study) A/V credit, which includes 1.50 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.
Wisconsin CLE Approved · 1.5 Total Credits
Earn Until
OnDemand - Wisconsin CLE - 1.5: Approved for up to 1.50 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 15.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.
Video Download - Wisconsin CLE - 1.5: Approved for up to 1.50 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 15.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.
West Virginia CLE Approved · 1.8 Total Credits
Earn Until
OnDemand - West Virginia CLE - 1.8: This program may qualify for up to 1.80 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of pre-recorded CLE credit may be earned during a reporting period.
Video Download - West Virginia CLE - 1.8: This program may qualify for up to 1.80 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of pre-recorded CLE credit may be earned during a reporting period.
Select Jurisdiction
CLE
Agenda
-
Indemnification Innovation 2025: Adapting to Changing Times
- Current Case Trends: Data Breaches, Construction Disputes, M&A Transactions, etc.
- Focus on Causation: Direct and Contribution
- Scope of Coverage, Obligation to Indemnify, and Recoverable Damages
- Overlapping Provisions: Indemnification and Exculpatory
- Top Barriers to Enforcement
- Effects of AI-Assisted Contract Drafting and Review
- Insurance Coverage Issues: Primary vs. Excess Coverage, Primary Duty to Defend, etc.
- Clarity and Specificity of Contract Language: Drafting Takeaways
Who Should Attend
This legal course is designed for attorneys. Paralegals will also benefit.
Speakers
Speaker bio
Sherilyn Pastor
is a partner with McCarter & English, LLP, and is also the practice leader of the insurance recovery group. She is an experienced trial attorney, who has secured hundreds of millions of dollars for corporate policyholders. Ms. Pastor litigates complex coverage matters throughout the country and provides insurance advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their insurance programs. She is president of the American College of Coverage Counsel (ACCC), the preeminent membership group of insurance attorneys in the U.S. and Canada, and immediate past co-chair of the ABA Litigation Section's Insurance Coverage Litigation Committee. Ms. Pastor is admitted to practice in New Jersey, New York, and before the U.S. Court of Appeals Third Circuit; U.S. District Courts of New Jersey, and Eastern and Southern districts of New York. She earned her B.A. degree, cum laude, from Seton Hall University and her J.D. degree, magna cum laude, from Seton Hall University School of Law.
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