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 Entertainment Law & Finance 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
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.