Many subcontractors are asking for a mutual indemnification
obligation from general contractors they want the same indemnification
benefit the general contractor is receiving.
"The issue with the individual officers is very factually specific and in my opinion, they're putting the cart before the horse because it's going to be very difficult for a judge to make a blanket ruling that there can be no indemnification
of the officers' tortious conduct as a matter of law," said Steven D.
* Should think carefully about advancement and indemnification
rights for former directors and whether to require former directors to repay advancement amounts if it is determined that they are not entitled to indemnification
, as the law is not clear on this point in many jurisdictions.
Many clients use defense and indemnification
clauses in an attempt to control their own litigation costs and ensure their ability to recoup damages.
Another option is to ask vendors to agree to the indemnification
clause, shifting the risk, often appropriately, to them, he said.
the concept of forced indemnification
, and we offered the committee a variety of reasons why forced indemnification
would not likely be lawful and certainly wouldn't be good policy," he added.
"Today, an indemnification
policy from RPX turns an uncertain risk into a predictable and manageable cost of doing business."
It may also be desirable to post security when an amount in dispute is subject to a tax indemnification
This Part 3 discusses three things to consider early in any litigation matter--insurance, indemnification
, and litigation holds.
(Lawrence had done pro bono work for AWUM.) After AWUM declined to tender advance indemnification
to Sinuon, the court dismissed the case and awarded her about $25,000 in costs and attorney fees.
Toward the end of that column, I wrote these three words: "indemnification
and insurance." We have certainly addressed these words in prior installments of Risk Management 101.
the NDFP said in a statement published on its website Monday night that it has requested third party facilitators "to expedite the public dispensation of indemnification