Be able to expertly draft and negotiate indemnification provisions and understand how important these are when things inevitably go wrong.
In entering into contracts almost every day, businesses of all sizes and industries frequently flip right past the indemnification, insurance, and limitation of liability provisions as mere boilerplate. They fail to understand that these are risk allocation provisions that can be as important as price and other deal terms. Even if they know these provisions are important, many lawyers and contract managers don't understand the pitfalls and opportunities they present. This topic will help lawyers and nonlawyers alike better understand how these provisions allocate the risks when things go wrong. With that perspective, you will be in a better position to draft and negotiate provisions that align with your business objectives, are clear to the parties, and will be enforced by the courts.
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 and 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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