Video

  • 21 minutes

Drafting and Negotiating Indemnification Provisions

 

Your client negotiates a deal. Then what?

The first set of questions is - what are the risks? How likely is each risk to occur? How big is each risk? Who should bear what risk and to what extent? And how can that be done in the contract? This video reviews these questions and discusses three methods for allocating risk. Our speaker also discusses what happens if the indemnity doesn’t mention the indemnitee’s negligence and how to ensure the indemnity flows up the chain.

Runtime: 20 minutes

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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