An In-the-Weeds Drafting Course on Indemnification Provisions
Drafting a strong indemnification provision is one of the most challenging aspects of transactional practice. Not only do the key components of the provision, such as indemnified parties, triggers, and recoverable damages/expenses have to be correct, but the parts must properly connect with each other and other parts of the agreement. Learn how to draft commercial indemnification provisions and get techniques for overcoming additional contractual concerns presented by risk-shifting provisions. Register today!
Get techniques for defining indemnified parties and the scope of covered events, claims and damages.
Learn how to handle difficult issues surrounding duty to defend, indemnify vs. hold harmless, anti-sandbagging provisions, notice, survivability and more.
Get clarity on the relationship between indemnity and other provisions in business agreements.
Explore the use of indemnification provisions in a variety of contexts.
Discover what drafters need to know about enforcement of indemnity provisions.
Get strategies for mitigating risk with insurance and indemnification alternatives.
Drafting Techniques Part 1: Core Definitions
Drafting Techniques Part 2: Duties and Additional Provisions
Bringing it All Together: Indemnification Case Studies in Different Agreements
What Every Transactional Attorney Needs to Know about Enforcement
JAMES T. DIXON is a partner in the Cleveland Office of Brouse McDowell, LPA. He focuses his practice on construction law, where he drafts and negotiates construction contracts; advises clients during the course of construction; and resolves disputes through mediation, arbitration and litigation. He has also handled claims relating to defective construction, schedule delay, disruption and acceleration, differing site conditions, unapproved change orders, payment and performance bonds, and mechanic's liens, among others. Mr. Dixon has experience in advancing bid protests on public projects, in resolving disputes on tunneling projects, and in addressing disputes on projects utilizing the integrated project delivery system. He also resolves transactional real estate disputes in residential and commercial contexts. Mr. Dixon is a member of the American Arbitration Association, Panel of Construction Arbitrators, the Ohio Bar and the California Bar. He earned his B.A. degree from Denison University and his J.D. degree from Case Western Reserve University.
JOHN A. SNOW is a shareholder with Parsons Behle & Latimer. Mr. Snow’s practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense. He is a member of the Utah State Bar; the Litigation Section of the Utah State Bar; Construction Law Section of the Utah State Bar; the State Bar of Nevada; the American Bar Association; Litigation Section, Ethics Advisory Opinion Committee (Utah State Bar); Model Jury Instruction Committee for the State of Utah (Commercial Transactions Subcommittee); and member of the United States District Court for Utah (Technology Advisory Committee). Mr. Snow has been designated in The Best Lawyers in America in the specialties of legal malpractice law, commercial litigation and construction law for more than five years. He has been designated in Utah Business Magazine’s Utah Legal Elite in the specialties of civil litigation and construction law. He has also been designated as a Super Lawyer in the Mountain States in Super Lawyer Magazine and ranked in Chambers USA. Mr. Snow earned his B.A. degree from Brigham Young University and his J.D. degree, cum laude, from Arizona State University.
GEORGE J. SPATHIS is a partner at Levenfeld Pearlstein, LLC in Chicago. A seasoned trial lawyer, he has more than 25 years of experience representing clients in a broad array of commercial disputes throughout the country, concentrating in matters involving contracts, corporate/partnership ownership and governance, trade regulation and unfair competition, supply/distribution chain disputes, and bankruptcy/creditors’ rights. Mr. Spathis also serves as outside general counsel to a number of companies, closely-held entities, and entrepreneurs, working closely with his clients on protecting their business assets, managing their business risks, and solving their business problems. He is a member of the American Bankruptcy Institute, American Bar Association, and Chicago Bar Association. He is a graduate of the University of Illinois and earned his law degree from IIT Chicago-Kent-College of Law, where he graduated with high honors and Order of the Coif.
DANIEL S. WELYTOK is a shareholder in the Milwaukee office of von Briesen & Roper, s.c., where he assists clients with tax issues, acquisitions and divestments, capital structuring, financing, corporate governance, information technology, licensing and distribution, regulatory and compliance issues, labor and employee benefits matters, and dispute resolution. He serves as chair of the firm's Opinion Review Committee. Mr. Welytok was appointed in 2018 by the U.S. Department of Treasury to serve on the Internal Revenue Service Advisory Committee on Tax Exempt and Government Entities; and has served on the American Bar Association’s Advisory Committee; articles editor for The Tax Lawyer; and chair of the ABA Tax Law Committee, Young Lawyers Division. He is also a past member of the State Bar of Wisconsin's Tax Section Board of Directors and past chair of the TE/GE Council for the Great Lakes Area liaison with the Internal Revenue Service. Mr. Welytok is an Editorial Board member and on the editorial staff of the TAXFAX column of The Cooperative Accountant. He has been the author of and edited various tax and law-related books, including the 2018 National Income Tax Workbook, Nonprofit Law & Governance for Dummies, Sarbanes-Oxley for Dummies and The Wisconsin Guide to Nonprofits. Mr. Welytok received his B.B.A. degree, cum laude, from University of Wisconsin; his J.D. degree from University of Wisconsin; and his LL.M. degree, with distinction, from DePaul University.
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