My last article pointed out a situation where parties conflate contractual indemnity and damages clauses. The standard language in Dunce’s Caps’ contract provided for an indemnification of “any and ...

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 ...

Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties’ risks. One of the more potentially significant risk-limiting provisions ...

Many commercial real estate contracts – including purchase and sale agreements, loan documents, construction contracts, joint venture agreements, and commercial leases – contain an indemnity clause, ...

Forbes contributor Dolia Estevez is on her own. Two years ago, Estevez identified a former spokesperson for Mexican president Felipe Calderon as one of the “10 most corrupt Mexicans of 2013” in a ...

In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases that have provided additional insight into the application of the requirements for seeking ...

Whether you know it or not, the Uniform Commercial Code imposes a warranty of non-infringement on every product you as a product manufacturer sells. Essentially, the law requires to you to guarantee ...

Have you ever faced this situation? Your firm receives a request for proposal (RFP) from a new client. It sounds like a great opportunity, and the firm is excited to respond. The RFP includes the ...

Most business owners focus on the commercial points in a contract first: price, scope, timing, and deliverables. That makes sense. Those are the terms that feel immediate and practical.