Control Risk in Contract Terms and Deposition/Trial Testimony
Fri Jul 12, 11:30 AM - Fri Jul 12, 2:00 PM

 

 
Using Indemnity and Limitations of Liability to Control Risk:
Speaker: Nancy Cundiff --  1 hour CLE
 Indemnification provisions and limitations of liability are critical risk allocation devices that serve as key negotiation points in most commercial contracts. While commonly used, these clauses can be complex and subject to many drafting and negotiating pitfalls, including those regarding the scope of indemnification, indemnification procedures and the interaction with sole remedy and limitation of liability provisions. Parties and their counsel often overlook or misjudge the provision's complexities and impacts. Therefore, parties often find themselves facing more liability than they thought they bargained for when they signed the agreement. Each party must ensure that its indemnity coverage is reasonably consistent with its transaction-related risk and negotiating posture by avoiding indemnification-related pitfalls.
 Our CLE will walk through the basic provisions, provide insight into potential pitfalls, and provide checklists with suggested alternative language.
Preparing Corporate Representatives for Depositions and Trial Testimony:
Speaker: Jim Hailey -- 1 hour CLE
It is not unusual for a corporation to receive a subpoena for a fact witness or records witness, even if not a party in the litigation at issue. Selecting and preparing the appropriate representative to speak on behalf of the corporation is crucial. This hour will give practical tips from the trenches on preparing your employees when called on to serve as a witness.

Types of Depositions
Preparation Tips
Background Information
Responding to Questions
Types of Questions and Avoiding Tricks
Handling Exhibits
Comparison of Trial Testimony to Deposition Testimony
Topics to Avoid