Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Protecting Against Generic Indemnity Provisions
From the Cashman case to the Builders FirstSource-Southeast Group and beyond, courts have been busy forums in 2025 examining how imprecise or contradictory indemnification language jeopardizes a contract’s enforcement. Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. Tenants indemnify landlords for liability relating to the tenant’s use of their premises; buyers indemnify sellers for physical damage caused by the buyer’s due diligence investigations; subcontractors indemnify prime contractors for the subcontractor’s deficient work or materials; corporations indemnify their officers for the officers’ good faith actions consistent with their authority in furtherance of the corporation’s business; borrowers indemnify lenders for just about anything; and so on.
The essence of any indemnity provision is burden shifting for certain liability incurred by an indemnitee to the indemnitor. The concept is rooted in common law and there are myriad reasonable justifications for expanding the common law indemnification by contract, and it is often the last thing business owners want to spend time negotiating.
This premium content is locked for Commercial Leasing Law & Strategy subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.