On Demand

To Indemnify or to Hold Harmless?


Total Credits: 1 including 1 General

Average Rating:
   4.5
Credit Type:
General |  Law Practice Management |  Practical Skills
Faculty:
Lenné Espenschied
Course Levels:
Intermediate
Duration:
1:00
License:
Access for 60 day(s) after purchase.



Description

How have recent cases influenced best practices in drafting indemnification provisions? What is the distinction between “indemnify,” and “hold harmless”? Are your indemnification provisions providing the best possible protections for your client? In this session, we’ll consider recent cases and make practical recommendations for improving these high-risk provisions.

In this session, you’ll learn about:

  • The traditional meaning and purposes of indemnification in contracts;
  • What recent cases tell us about the meaning of “hold harmless”;
  • How first-party claims are sometimes allowed under the auspices of “indemnification”; and
  • Strategies for drafting better indemnification provisions.

Handouts

Faculty

Lenné Espenschied's Profile

Lenné Espenschied Related seminars and products: 6

Esq.


Lenné Eidson Espenschied practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. Now, she is a national speaker who has trained thousands of lawyers in the U.S. and Canada in the art of legal drafting through continuing legal education seminars for bar associations, law firms, and corporate legal departments. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 2 nd Ed. 2015) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011).

 

After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice in the Atlanta office of Sutherland; she also served as Senior Counsel in the legal department of Bank of America before  opening her own law office. As law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting.


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