There is no such thing as a mutual indemnity

Tech contracts use indemnities to address third party lawsuits. The indemnitor promises to defend a lawsuit against the indemnified party and to pay any judgments. (Those terms imply that the indemnitor will pay for settlements too — and many contracts make that explicit.) Given that structure, a “mutual indemnity” makes no sense. [We’ll discuss this […]

Should the Limit of Liability Cover Indemnities?

Contracting parties often debate whether the limit of liability should apply to indemnity obligations. IT contracts probably answer “no” more often than “yes.” But you can support either answer with good arguments.  The Argument Against Limiting Indemnity Liability The indemnity is unusual. It seems to address liability, but it really doesn’t, at least in typical […]

Announcing The Tech Indemnities Pocket Guide

I’m excited to announce the publication of my new e-book, THE TECH INDEMNITIES POCKET GUIDE: Indemnities in Software and Other IT Contracts for Lawyers and Businesspeople (ABA Publishing 2020 – IP Section). There is nothing on the market like this book. Businesspeople and lawyers argue over indemnities more — and understand them less — than […]