Proactive Strategies For Commercial Indemnification Disputes: Managing Recurring Risks

Contractual indemnification claims arising out of an underlying third-party tort or contract claim are a recurring business risk for entities that are parties to commercial contracts. These types of indemnification claims — which can involve indemnification for both liability attributable to the underlying action as well as associated defense costs spent — span many industries, including telecommunications, electronics, life sciences, pharmaceuticals, consumer products, real estate, and financial services. With careful planning and consideration, practitioners can avoid costly litigation or, when necessary, adeptly prosecute or defend these complex disputes.

Early Pre-Litigation Assessments Can Be Crucial