Three of our recent articles addressed allocating risk with business contracts. In this one, we expand on our earlier articles by focusing on techniques experienced business attorneys use to write better indemnification clauses. Use Defined Terms to Improve Readability Let’s start with the following clause setting out the basic indemnification…
Update on Bill Actions April 16, 2025. Final update. The Indiana Governor signed House Enrolled Act 1593, which will take effect July 1, 2025. Watch for another article from us explaining what business lawyers and business owners need to know or do, now that HEA 1593 is law. The Bill…
Indemnification clauses are essential elements of business contracts that allow the parties to allocate responsibility for specific losses or claims. For Indiana businesses, understanding how indemnity works under Indiana law is vital for managing risks and reducing liability exposure. This article explores key indemnification terms and practical tips for analyzing…
In our last article, we explored key risk allocation clauses business attorneys use in contracts, including indemnification, liability caps, waiver of consequential damages, and termination provisions. These foundational concepts highlight the importance of clear drafting and strategic negotiation in managing contractual liabilities. This article delves deeper into advanced considerations, offering…
Effective risk allocation is essential in contract law, allowing parties to address potential liabilities and manage their exposure predictably. Business lawyers must draft risk allocation clauses carefully to ensure clarity, foster collaboration, and protect financial interests. This article explores the key types of risk allocation clauses found in business agreements…
Buying a small business in Indiana is an exciting venture that can set you on the path to success. One critical decision stands between you and your dream: Should you buy the company itself or just its assets? Let’s explore these two approaches to help you navigate this important choice.…
The concept of the right of publicity, sometimes referred to as “name, image, and likeness” (NIL) rights, particularly as they apply to National Collegiate Athletic Association (NCAA) student-athletes, has gained significant attention in recent years, especially with the rise of social media and the increasing commercialization of personal brands. Indiana’s…
What’s in a name? That which we call a rose By any other name would smell as sweet. William Shakespeare, Romeo and Juliet, Act II, Scene II Shakespeare may have been right about flowers, but about companies…not so much. Choosing the right name for your limited liability company (LLC) can…
We have written previously about the effects that ongoing litigation in Texas Top Cop Shop, Inc. v. Garland, has had on the reporting requirements established by the Corporate Transparency Act. For more information on the CTA and Beneficial Ownership Information (BOI) reporting requirements check out this post. For other blogs…
If you’ve ever witnessed or participated in the thrilling—but dangerous—act of “cutting donuts,” you may want to think twice. Indiana’s Senate Bill 13 (SB 13) specifically targets this behavior, making it clear that reckless driving in the form of rotational skids is not just risky but now explicitly illegal. …