About the Course
Introduction
This CLE course will prepare counsel to IP owners, licensees, and licensors to protect their interests by allocating infringement risks during negotiations using indemnification and limitation of liability provisions in the agreement. The panel will offer best practices for negotiating and structuring these provisions to effectively allocate risk between the parties.
Description
Indemnification provisions are often overlooked but are an essential part of any IP agreement. Effective drafting and negotiation of indemnification provisions are crucial to protecting valuable business property interests, reducing the risk of future litigation, and minimizing litigation costs if a dispute arises.
When structuring indemnification provisions, the parties must consider who is indemnifying whom and whether the indemnifying party will also be responsible for defending any litigation. In addition, counsel must carefully consider the scope of liability covered by the indemnification obligation including who is covered, what claims will be covered, and any exclusions.
Further, the parties should consider the inclusion of limitation of liability provisions to reduce the risk and decrease the incentive for litigation. Counsel should also consider the types of damages, claims, and activities to cover in the agreement.
Listen as our authoritative panel of IP attorneys examines indemnification and limitation of liability provisions in IP agreements as well as what factors IP counsel should account for when negotiating and drafting these provisions. The panel will offer best practices for negotiating and structuring these provisions to allocate risk.
Presented By
Mr. Kacedon is a recognized authority in IP transactions having drafted and negotiated hundreds of agreements across all technologies. He is designated as a Certified Licensing Professional. He has also successfully litigated multiple lawsuits and arbitrations based on his extensive transactional experience. Mr. Kacedon’s practice focuses on patent and technology licensing and litigation. In his transactional practice, he assists clients in conducting market assessments for their patents, conducts licensing negotiations, drafts licensing agreements, and participates in related litigations. His experience includes setting up and directing international patent licensing and enforcement programs, including one that resulted in more than 500 license agreements. Mr. Kacedon is a frequent presenter at legal and industry workshops and conferences and has served as adjunct professor teaching licensing at the George Washington University Law School.
Mr. Meeks has over 25 years of experience in all phases of patent law, including licensing, complex litigation, and portfolio management. His litigation experience includes direct patent trial work resulting in combined damages verdicts of over $100M for firm clients. In addition, while in-house, Mr. Meeks managed several patent litigations in the U.S. and Germany in district courts, courts of appeal, and in patent office validity proceedings with a 100% success rate. He previously served as Patent Director of France Brevets, a quasi-government agency based in Paris, established to protect and advance the French technology ecosystem via patent protection, enforcement, and licensing. His work also includes serving as Director, Corporate Patent at Infineon Technologies in Munich, Germany. In this role, Mr. Meeks led outbound licensing efforts, including managing one of the largest patent litigations in the US at the time. He managed the case to a successful conclusion, resulting in a licensing agreement and a significant licensing payment of double-digit millions to the company. Mr. Meeks also advised executive management on intellectual property issues impacting the enterprise. His technical focus areas include 5G, semiconductors, automotive, energy, cybersecurity, aerospace, and artificial intelligence.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, May 19, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Agreements in which indemnification and limitation of liability provisions are likely to appear
II. Common structures for indemnification provisions, including common exclusions from liability
III. Common structures for limitation of liability provisions
IV. Best practices for negotiating and structuring these provisions to allocate risk
The panel will review these and other key issues:
- What IP-specific issues should be considered when structuring indemnification and limitation of liability provisions in IP agreements?
- What are the most commonly disputed issues when negotiating indemnification, and what are some effective strategies for resolving them?
- What approaches should counsel use to protect a client's interests when negotiating an indemnification provision?
