There is often an argument to be made that certain indemnification and exculpatory clauses should be against public policy. When entering into a residential lease, for instance, many future tenants ...

Last week, Peter Mahler blogged about a recent decision holding that a minority shareholder’s claim against its majority co-owners for breach of fiduciary duty in connection with a sale of the ...

Plan sponsors should ask for indemnification clauses when they enter into contracts with service providers and retirement plan advisers, experts say. Indemnification clauses are promises by the ...

Indemnification is used for risk allocation Indemnification may include defense obligation Indemnified party is entitled to reimbursement for covered losses Indemnification can be complex and heavily ...

The clause appears across commercial files of every kind. In construction claims, it carries particular weight. Most adjusters notice it, but few stop long enough to analyze it. That gap between ...

Most commercial contracts contain indemnity clauses. Yet, despite their prevalence, relatively few contracting parties have a clear and structured understanding of what indemnities are, how they ...

This is the second appearance of this case before the Court, in which Dougherty County seeks contractual indemnification from the City of Albany concerning a traffic accident allegedly caused by a ...

This disconnect is commercially significant. Where a party to a contract has a clear understanding of what indemnities are and what they are intended to achieve, that party is better positioned to ...