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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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July 12, 2019 | 11:30 AM - 2:00 PM Central Daylight Time

Desi Vega's Seafood and Prime Steaks

111 Veterans Boulevard #150

Metairie, LA 70005

Members: $10
Non-members: $40

Overview (Program Summary)

Using Indemnity and Limitations of Liability to Control Risk:

Speaker:  Nancy Cundiff

1 hour CLE

Indemnification provisions and limitations of liability are critical risk allocation devices that serve as key negotiation points in most commercial contracts. While commonly used, these clauses can be complex and subject to many drafting and negotiating pitfalls, including those regarding the scope of indemnification, indemnification procedures and the interaction with sole remedy and limitation of liability provisions. Parties and their counsel often overlook or misjudge the provision's complexities and impacts. Therefore, parties often find themselves facing more liability than they thought they bargained for when they signed the agreement. Each party must ensure that its indemnity coverage is reasonably consistent with its transaction-related risk and negotiating posture by avoiding indemnification-related pitfalls. 

Our CLE will walk through the basic provisions, provide insight into potential pitfalls, and provide checklists with suggested alternative language as follows:

  1. Indemnity Provisions and Their Potential Pitfalls  (20 minutes)

  1. Overlooking or Failing to Adequately Address Direct Claims

  1. Excluding or Insufficiently Defining Indemnification Procedures

  1. Including an Inconsistent Limitation of Liability Provision

  1. Addressing the Obligation to Defend

  1. Limitation of Liability Provisions and What to Watch For (20 minutes)

  1. Waiver of Incidental and Consequential Damages

  1. Monetary Cap on Damages

  1. Checklists, Discussion of Hypothetical Disputes, and Sample Language (20 minutes)

Preparing Corporate Representatives for Depositions and Trial Testimony:

Speaker: Jim Hailey

1 hour CLE

It is not unusual for a corporation to receive a subpoena for a fact witness or records witness, even if not a party in the litigation at issue. Selecting and preparing the appropriate representative to speak on behalf of the corporation is crucial. This hour will give practical tips from the trenches on preparing your employees when called on to serve as a witness. 

  1. Types of Depositions
  2. Preparation Tips
  3. Background Information
  4. Responding to Questions
  5. Types of Questions and Avoiding Tricks
  6. Handling Exhibits
  7. Comparison of Trial Testimony to Deposition Testimony
  8. Topics to Avoid

Contact Joni Johnson ([email protected]) for registration info.


Credits: 2
State: Louisiana

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