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Fundamentals of Indemnification

 

Understand the fundamental purpose of contractual indemnification and consider how it might function in any given contract.

Many non-attorney businesspeople enter into contracts that include indemnification provisions without understanding what those provisions can do. Either party, the one giving indemnification or receiving indemnification, may miss a valuable opportunity to allocate risk clearly so that future litigation or other problems can be minimized or avoided.
This course will help businesspeople understand the fundamental purpose of contractual indemnification and consider how it might function in any given contract. This course will also explain the meanings of several phrases that often appear in indemnification provisions and some potentially important issues that are often omitted from a contract, so a businessperson can contemplate some pros and cons as applied to the business deal on the table. While the speaker will not provide legal advice, and this presentation is not a substitute for the advice of a lawyer, this material will help businesspeople who may review, draft, negotiate, execute, or seek to enforce contracts with indemnification provisions.

Agenda

Faculty

Kenneth M. Gorenberg

Kenneth M. Gorenberg

Barnes & Thornburg LLP

  • Partner in the Chicago office of Barnes & Thornburg LLP
  • Practice emphasizes all aspects of insurance coverage for corporate policyholders, including litigating insurance disputes, collaborating with brokers and risk managers during policy procurement, assisting with due diligence and drafting of risk allocation provisions in transactional contracts, and litigating indemnification disputes
  • Practice also includes commercial litigation, product liability, and toxic tort defense.
  • Practices nationally and has won trials and appeals in state and federal courts across the country
  • Conducts regular seminars and workshops on numerous insurance coverage issues, including limitation of liability, indemnification, and insurance provisions in business contracts
  • Author of several publications related to the areas of insurance coverage, toxic tort litigation, and commercial litigation
  • Fellow of American College of Coverage Counsel; member of American Bar Association; member of Defense Research Institute
  • J.D. degree, University of Chicago Law School; B.A. degree, cum laude, University of Pennsylvania
  • Can be contacted at [email protected] or 312-214-5609

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