BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, July 15, 2025

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

The CLE course will provide guidance to counsel for manufacturers, suppliers, and end sellers on drafting and negotiating provisions in supply agreements that effectively allocate and mitigate risk under uncertain trade conditions, focusing specifically on defense, indemnity, and insurance clauses.

Faculty

Jorge R. Aviles
Attorney
Hunton Andrews Kurth LLP

Mr. Aviles practice concentrates on complex insurance recovery disputes on behalf of corporate policyholders. He also counsels clients on risk management and insurance recovery strategy. Jorge has helped clients secure millions in insurance coverage under claims involving a wide variety of losses. Mr. Aviles represents commercial and governmental policyholders in all types of complex insurance matters throughout all stages of the insurance process, from pre-purchase policy analysis and review through litigation and settlement of contested claims. He has handled claims involving CGL, D&O, E&O, and Cyber policies, among many others. Through trials, summary judgment, dispute resolution proceedings, and settlements, he has assisted to recover millions of dollars in insurance proceeds for clients.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Risk allocation and mitigation provisions are arguably the most important terms in supply agreements, yet the most challenging clauses to negotiate. Attorneys drafting defense, indemnity, and insurance provisions on behalf of manufacturers, suppliers, or end sellers must identify and evaluate all potential risks of the arrangement for their clients and clearly outline who will be responsible for any losses arising from such risks. International trade policy shifts and tariff uncertainty add additional complexity to the negotiation and drafting process.

Common risks of supply agreements that the parties should specifically address in the risk allocation provisions include a party's breach of representations, warranties, or covenants; IP infringement; negligence or willful misconduct; liability for design errors vs. manufacturing errors; failure to comply with federal or state laws and regulations; and risk allocation specific to trade policy and tariff volatility.

When negotiating and structuring defense, indemnity, and insurance clauses in supply agreements, counsel must understand and anticipate potential statutory and insurance claim limitations, as well as enforcement and procedural hurdles. Failure to do so may result in serious mistakes and unanticipated liabilities.

Listen as our expert panel of attorneys discusses best practices for structuring defense, indemnity, and insurance provisions in supply contracts.

Outline

I. Evaluating and drafting defense and indemnity provisions

II. Reconciling indemnity obligations and insurance policies

III. Potential enforcement and procedural hurdles

Benefits

The panel will review these and other key issues:

  • What specific risks should be addressed in the defense, indemnity and insurance provisions of supply agreements?
  • How have the courts’ interpretations of indemnity provisions impacted parties’ ability to shift liability in supply agreements?
  • How can parties use insurance provisions to meet defense and indemnity obligations?
  • What are the most commonly disputed issues during supply contract negotiations and what are some effective strategies for resolving them?