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When and How to Use Indemnification Provisions

Date: Friday, July 27, 2018
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services

Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00


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 in all 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 non-lawyers alike understand more clearly 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.

Areas Covered in the Session:

Drafting and Negotiating Indemnification Provisions

  • General Purpose and Standards for Interpretation
  • Anti-Indemnification Statutes and Other Enforcement Issues
  • Defense and Attorney Fee Clauses
  • Cautionary Tale About Forms

Relationship With Insurance Provisions

  • How Indemnification and Insurance Provisions Can Affect Each Other, Including
  • Whether an Indemnity Obligation Is Limited to What's Covered by the Required
  • Insurance
  • Insured Contract
  • Additional Insured
  • Cautionary Tale About Careful Drafting

Relationship With Limitation of Liability Provisions

  • How Indemnification and Limitation of Liability Provisions Can Affect Each Other
  • Anti-Indemnification Statutes and Other Enforcement Issues
  • Sample Language

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

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 on 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
  • J.D. degree, University of Chicago Law School; B.A. degree, cum laude, University of Pennsylvania
  • Fellow of American College of Coverage and Extracontractual Counsel; Co-Chair of Product Liability Subcommittee of ABA Insurance Coverage Litigation Committee; member of Defense Research Institute
  • Can be contacted at or 312-214-5609

(Not available outside the US)