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 ...

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 ...

What should be the effect of an exculpatory provision within an instrument that names to a fiduciary position a lawyer, the lawyer’s firm or an institution with which the lawyer works? Professor ...

Indemnity clauses are included in contracts to provide a means by which the contracting parties can shift the responsibility of risk. “Indemnity clauses can expand, limit or even eliminate 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 ...

Potter Anderson & Corroon partner Mike Maxwell is set to present a webinar on “Structuring LLC Operating Agreements: Fiduciary Duty, Indemnification and Exculpatory Provisions." Potter Anderson & ...