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Third-Party Indemnification

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

Jackson Walker on

An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Miller Canfield

Michigan Court of Appeals: No Parental Indemnification for Child Injuries

Miller Canfield on

Can parents legally agree to financially protect third parties from claims arising from their children’s injuries? In MK v. Auburnfly, LLC, (No. 364577, 2024 WL 5148278, Dec. 17, 2024), a published opinion, the Michigan Court...more

Rivkin Radler LLP

Structuring Your Dental Practice Transaction and Elements of the Purchase Agreement

Rivkin Radler LLP on

In our previous article, we described the due diligence process, including what a buyer would look for in your practice. Once due diligence is under way, the next step is the purchase agreement, which is usually prepared by...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions

On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mitigating Risks in Generative AI Integration: The Importance of Indemnification Provisions

In today’s rapidly evolving technological landscape, the integration of generative AI (“GAI”) has become increasingly prevalent across various professions and industries. From enhancing customer experiences to streamlining...more

McGlinchey Stafford

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

McGlinchey Stafford on

Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

ArentFox Schiff

Top 5 Things to Watch for When Selling Carbon Credits

ArentFox Schiff on

Carbon-reduction claims, such as “carbon neutral” and claims about lower “carbon footprints,” are proliferating in the marketplace. Many of these advertising claims are based on the purchase of carbon credits, an...more

Sheppard Mullin Richter & Hampton LLP

The Impact of COVID-19 on M&A Transactions - Part 2: Deal Terms

The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is...more

Morgan Lewis - Tech & Sourcing

Contract Corner: IP Indemnification – Third-Party Product Exceptions

In a prior series of posts, we discussed issues relating to intellectual property indemnification, including some exceptions, remedies, and allocation of liability. ...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

Part 7 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

BCLP on

This is part 7 of a Seven Part Guide to reviewing vendor contracts. Indemnification. Indemnification provisions in a third party services contract can be hotly contested. There is no question that banks should include...more

Hinshaw & Culbertson LLP

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

Proskauer Rose LLP

Montana Joins Majority of Courts Holding That Insurers Must Establish Prejudice to Disclaim Coverage Based on an Insured’s Late...

Proskauer Rose LLP on

Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice...more

Baker Donelson

Maryland Again Changes Recordation Tax Payable on Indemnity Deeds of Trust - Effective as of July 1, 2013

Baker Donelson on

Recordation Tax Now Charged Upon Recordation of Indemnity Deeds of Trust Securing a Guarantee of a Loan or Related Loans of $3,000,000 or More - Governor Martin O’Malley signed legislation this week that will again...more

Foley Hoag LLP

Product Liability Update - April 2013

Foley Hoag LLP on

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

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