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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Allocating Risk Through Remedies Clauses: Special, Indirect, Consequential Damages; Waivers; Indemnification; Insurance

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Remedies provisions outlining the damages available to contracting parties in a contractual breach are heavily negotiated clauses in a wide array of commercial agreements. These provisions can help the non-defaulting party maximize recovery and shield them from excessive damages, including monetary damages, specific performance, and equitable remedies.

Unfortunately, counsel often relies on the ill-defined terms "special, indirect, or consequential damages," a phrase that has lacked a reliable and predictable definition for 160 years of jurisprudence. Counsel must also consider when and how to approach consequential damage waivers, liquidated damages, attorneys' fees, and exclusive remedies clauses to minimize legal and practical challenges when enforcing remedies. The parties must also ensure that the scope of the remedies provision interacts with the indemnity and insurance provisions in the contract.

Listen as our authoritative panel discusses strategies for business counsel negotiating and drafting remedies provisions in commercial contracts. The panel will discuss best practices to protect client interests during contract negotiation and remedy enforcement.

Presented By

Andrew B. Fromm
Partner
Brooks Wilkins Sharkey & Turco, PLLC

Mr. Fromm specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues. He has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. Mr. Fromm also has extensive experience in representing multiple Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, and indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies.

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Aaron K. Tantleff
Partner
Foley & Lardner LLP

Mr. Tantleff, CIPP/E, is a partner in Foley’s Technology Transactions, Cybersecurity, and Privacy; and the Environmental, Social, and Corporate Governance (ESG) practice groups. He represents companies in various technology, privacy, security, information management, open source, and intellectual property matters, such as the development of compliance policies, programs, cybersecurity breach preparation, incident response, big data, and data monetization initiatives. Mr. Tantleff also regularly represents clients in mergers and acquisitions, outsourcing transactions, strategic alliances, development and licensing arrangements, supply and distribution arrangements, and other strategic and collaborative transactions involving significant technology and intellectual property. He  is a frequent speaker on technology, security, privacy, and outsourcing matters, and is regularly quoted in The Wall Street Journal, Reuters, Politico, Fortune, and other top-tier publications on topics such as cyberattacks, privacy law developments, and data protection, including regarding the General Data Protection Regulation (GDPR) and the Asia Pacific Cross Border Privacy Rules. Mr. Tantleff has been retained for data protection, cybersecurity, monetization of big data/IoT programs, and data breach response, remediation, and simulations by companies across all industries and sizes, domestically and abroad, including several Fortune 100 companies. He has also counseled several state legislators on cybersecurity legislation.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, March 4, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Common remedies provisions
    1. Special, indirect, and consequential damages
    2. Liquidated damages
    3. Attorneys' fees
    4. Exclusive remedies
    5. Other remedies
  2. Damage waivers
  3. Interplay with indemnity
  4. Interplay with insurance requirements
  5. Negotiating, drafting, and enforcing risk allocations
    1. Negotiation considerations and strategies
    2. Enforcement considerations and strategies

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?