Allocating Risk Through Remedies Clauses: Special, Indirect, Consequential Damages; Waivers; Indemnification; Insurance
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise counsel on negotiating and structuring remedy provisions contained in commercial contracts, as well as the considerations for such provisions in the current economic environment.
Outline
- Common remedies provisions
- Special, indirect, and consequential damages
- Liquidated damages
- Attorneys' fees
- Exclusive remedies
- Other remedies
- Damage waivers
- Interplay with indemnity
- Interplay with insurance requirements
- Negotiating, drafting, and enforcing risk allocations
- Negotiation considerations and strategies
- Enforcement considerations and strategies
Benefits
The panel will review these and other key issues:
- What are the most commonly negotiated remedies in commercial contracts?
- What best practices should counsel to contracting parties apply when negotiating and drafting remedies provisions?
- What legal and practical challenges do counsel to contracting parties face when seeking to enforce remedies provisions--and how can they overcome them?
- What is the interplay between the remedies provision and the indemnity and insurance provisions in commercial contracts?
Faculty
Harsh Arora
Partner
Nelson Mullins Riley & Scarborough
Mr. Arora concentrates in the areas of domestic and international corporate transactions and related business dispute... | Read More
Mr. Arora concentrates in the areas of domestic and international corporate transactions and related business dispute resolution. He counsels public and privately held companies as a boardroom advisor and a courtroom advocate in high-stakes corporate matters. Mr. Arora serves as general counsel for businesses with a prominent national or international presence. His general counsel practice focuses on preventative counseling and business structuring. Mr. Arora advises clients on mergers, acquisitions, conversions, and domestications. He has handled a wide range of business closings, negotiations, trademark registrations, corporate governance, industry-focused due diligence for regulatory aspects of proposed deals, and business tax matters in connection with audits by tax authorities. Mr. Arora also assists clients with dispute resolution relating to corporate transactions through business litigation, arbitrations, and mediations. He handles complex cases such as parallel civil and administrative proceedings, multidistrict actions, and bet-the-company litigation.
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Karl F. Oles
Partner
Stoel Rives
For more than 30 years, Mr. Oles has helped owners, architects, engineers, and contractors solve complex legal problems... | Read More
For more than 30 years, Mr. Oles has helped owners, architects, engineers, and contractors solve complex legal problems through negotiation, mediation, arbitration, and trial. He has also drafted, negotiated, and analyzed multimillion-dollar design and construction contracts on a wide variety of construction projects. Mr. Oles serves as an arbitrator on the American Arbitration Association’s construction panel. He is co-author of the current standard treatise on Washington lien law.
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