Commercial Contracts for In-House Counsel

How to Effectively Negotiate a Limitation of Liability Clause

The limitation of liability clause is in most commercial contracts, and it's one of the most commonly negotiated clauses in a contract, too. Most law schools give you no training on how to write it properly, and redlining and positioning in limitation of liability is part art, part science.

Hear from Jessica Nguyen, Chief Legal Officer at Lexion, and Nada Alnajafi,  Author of Contract Redlining Etiquette, Founder of Contract Nerds, and Corporate Counsel at Franklin Templeton, on effectively negotiating a limitation of liability clause, including:

• Why and what makes up a limitation of liability;
• How to handle tough negotiations of limitation of liability clauses;
• Talk tracks to back negotiations for vendors or buyers; and
• Go-to strategies and industry standards for limitation of liability carve-outs and super caps.