News & Analysis as of

Indemnification Indemnity Agreements

Miles & Stockbridge P.C.

Md. Bill Would Raise the Limit on the Amount of Debt an IDOT Can Secure, Defer Recordation Tax

A bill approved by the Maryland General Assembly would raise the maximum threshold amount of money that an indemnity deed of trust (IDOT) may secure on a loan and still benefit from recordation tax exemptions. House Bill...more

PilieroMazza PLLC

Purchase Agreement Components, Part 2: Indemnification Provisions

PilieroMazza PLLC on

In an acquisition, particularly an equity acquisition, a buyer must perform extensive due diligence on the target company to understand, as thoroughly as possible, the risks associated with the acquisition. In most cases,...more

Smart & Biggar

Canadian courts show trend of awarding higher costs in IP litigation

Smart & Biggar on

Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more

Ward and Smith, P.A.

NC Anti-Indemnity Statute Update, New Changes Now in Effect

Ward and Smith, P.A. on

On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina's anti-indemnity statute, N.C. Gen. Stat § 22B-1 ("Anti-Indemnity Statute"), particularly as it relates to indemnity...more

BCLP

GDPR’s Most Frequently Asked Questions: Are processors required to fully indemnify controllers for the actions of their...

BCLP on

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. Although the GDPR went into force on May 25, 2018, there continues to...more

BCLP

GDPR’s Most Frequently Asked Questions: Are processors required to fully indemnify controllers for all of their processing...

BCLP on

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. Although the GDPR went into force on May 25, 2018, there continues to...more

Mintz - Securities & Capital Markets...

What Questions Executives Should Be Asking About Their D&O Insurance Following The New DOJ Policies Issued Last Week

As was recently reported in the New York Times and elsewhere, the Justice Department issued new policies last week that place individual executives as the focus of their prosecution efforts, and encourage companies to...more

Mintz - Securities & Capital Markets...

Why Directors and Officers Should Demand a Separate Indemnification Agreement

Corporate directors and officers (“D&O’s”) face significant personal exposure whenever their corporation is involved in a dispute or investigation. For this reason, prudent D&O’s avail themselves of all available legal...more

Carlton Fields

Court Of Appeal Compels Arbitration Based Upon Related Documents

Carlton Fields on

On August 29, 2014, the United States Court of Appeals for the Eleventh Circuit, in reversing the district court on interlocutory appeal, found that an indemnification agreement, performance bonds, and a subcontract between...more

Nossaman LLP

Excess Insurer Contract Language Amounts to Free Pass

Nossaman LLP on

Excess insurance is essential to businesses of medium or larger size because it provides catastrophe coverage at much lesser rates per dollar of coverage than primary insurance. There are two main reasons for this: The excess...more

McDermott Will & Emery

The Duty to Indemnify Does Not Create Privity

McDermott Will & Emery on

Apple Inc. v. Achates Reference Publishing, Inc. - In the final written decisions of two related inter partes reviews (IPRs) concerning patents in the same family, the U.S. Patent and Trademark Office’s Patent Trial...more

Pillsbury - Global Sourcing Practice

Why Indemnities Matter

Most business clients would rather be in the dentist's chair than sit through negotiation of the indemnity and liability provisions of their agreement. Admit it: your eyes glaze over, time appears to visibly slow down, and...more

Carlton Fields

Court Orders Pre-Pleading Security Posted In Reinsurance Disputes

Carlton Fields on

Excalibur Reinsurance provided reinsurance to Travelers Indemnity. Disputes arose and Travelers filed two lawsuits against Excalibur in United States District Court in Connecticut. ...more

Ervin Cohen & Jessup LLP

Three Critical Points of Construction Contract Contention

Litigation has become part of the life cycle of many construction projects, both during the project and after completion. The course of most construction litigation is dictated by the terms of the project contracts. These...more

Cranfill Sumner LLP

Indemnity Clauses, Anti-Indemnity Legislation and Additional Insureds

Cranfill Sumner LLP on

Indemnity Clauses and Anti-Indemnity Legislation - I. Purpose and Enforceability of Indemnity Clauses - Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more

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