March 2019
Friday, March 22, 2019
Drafting Indemnity Agreements in Business and Commercial Transactions
Topics to be covered:
- Scope of indemnity – indemnity v. hold harmless, damages v. liabilities, direct v. third-party claims
- Types of losses subject to indemnity – breaches of reps and warranties, covenants, losses, specific circumstances
- Determining recoverable damages and costs (including attorneys’ fees)
- Implied or equitable indemnity – and use of disclaimers to limit liability
- Difference between the duty to defend v. indemnification
- Exclusions, limitations, carve-outs from indemnity
Faculty: Joel Buckberg, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC and
William J. Kelly, Kelly & Walker, LLC