To Indemnify or to Hold Harmless?
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.
Lenné Espenschied, Esq.
Lenné Eidson Espenschied has earned her status as one of the Top 3 contract drafting speakers in the country by continually striving for excellence and providing innovative, practical, skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses.
She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) 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 at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.