Indemnity Law: Various types of indemnity, strategies for invoking, and a special focus on indemnification agreements in real estate

Matthew S. LaBeau
Matthew S. LaBeau
Collins Einhorn Farrell PC

Matt focuses his practice on defense litigation in first and third party automobile liability claims, premises liability, general liability, and contractual disputes.

Frantz Farreau
Frantz Farreau
Real Estate Law Corporation

Frantz Farreau is a real estate attorney and serves as general counsel for Paradise Rental Group.

On-Demand: July 24, 2024
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Program Summary

Session I - The Basics of Indemnity Law – Matthew S. LaBeau

One of the primary concerns when a defendant is sued in litigation is damage exposure. One of the first things a defendant should do is analyze whether another party is responsible for some or all of the plaintiff’s damages. Accordingly, it is important to become familiar with indemnity law, and evaluate whether indemnity will afford an opportunity to defer the exposure. This presentation will examine the various types of indemnity and the circumstances they apply with real world examples.

Key topics to be discussed:

  • When indemnity may be available
  • The types of indemnity that may be utilized
  • Strategies for invoking indemnity

Session II - Indemnification Agreements in Real Estate – Frantz Farreau

This program is designed to enhance your understanding and expertise in this critical area of real estate law. This seminar will cover the fundamental concepts of indemnification agreements, including their purpose, types, and key components. Through detailed discussions on drafting best practices and common pitfalls, participants will gain practical insights into creating effective indemnity clauses. Attendees will learn strategies for negotiating favorable terms and managing risks.

Key topics to be discussed:

  • Definition and general purpose
  • Key parties involved (indemnitor and indemnitee)
  • Difference between indemnification and hold harmless agreements
  • Types of indemnity clauses
  • Legal requirements and enforceability
  • Drafting indemnification clauses
  • Case studies and legal precedents
  • Indemnification in specific real estate transactions
  • Practical tips and strategies

Closed-captioning available

Speakers

Matthew S. LaBeau_myLawCLEMatthew S. LaBeau | Collins Einhorn Farrell PC

Matt focuses his practice on defense litigation in first and third party automobile liability claims, premises liability, general liability, and contractual disputes. He has also successfully defended numerous corporations against product liability and construction defect claims. Matt has extensive experience in defending catastrophic injury claims as well as consulting insurers and corporations regarding catastrophic claims prior to litigation. Matt has vast experience in all aspects of the litigation process from the discovery process through trial and routinely achieves successful results for his clients. Matt was recognized by Michigan Lawyers Weekly as a 2023 Leaders in the Law recipient.

 

Frantz Farreau_myLawCLEFrantz Farreau | Real Estate Law Corporation

Frantz Farreau is a real estate attorney and serves as general counsel for Paradise Rental Group. His practice has focused on clearing title issues prior to sale, 1031 exchanges, lease agreements, purchase and sale agreements, and option agreements. He received his undergraduate degree in neuroscience from Johns Hopkins University and his law degree from the College of William and Mary Marshall Wythe College of Law, the first law school in the United States.

Frantz is the 2024 Chair of the California Lawyers Association Real Property Law Section Executive Committee, and a 2021-2024 Director on the Board of the Lawyers Club of San Diego. He also serves as the board secretary of the Voice of Our City Choir.

In his spare time, Frantz serves as a volunteer facilitator and trainer for the Insight Prison Project’s Victim Offender Education Group. He is also an avid dancer, hiker, and classical pianist.

Agenda

Session I – The Basics of Indemnity Law | 2:00pm – 3:00pm

  • When indemnity may be available
  • The types of indemnity that may be utilized
  • Strategies for invoking indemnity

Break | 3:00pm – 3:10pm

Session II – Indemnification Agreements in Real Estate | 3:10pm – 4:10pm

  • Definition and general purpose
  • Key parties involved (indemnitor and indemnitee)
  • Difference between indemnification and hold harmless agreements
  • Types of Indemnity Clauses
  • Legal requirements and enforceability
  • Drafting indemnification clauses
  • Case studies and legal precedents
  • Indemnification in specific real estate transactions
  • Practical tips and strategies

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