Drafting Complexities in Limitation of Liability Provisions
Free Live Webinar With CLE (Pending)*
February 10, 2026 @ 12 pm EST
Limitation of liability provisions require careful drafting to function as intended. The interaction between liability caps, indemnification obligations, and carve-outs creates technical complexity that often surfaces only when disputes arise.
In this webinar, Laura Frederick, Arohi Kashyap, and Kay Lee will discuss the structural and drafting issues that determine whether limitation of liability provisions provide the intended protection, including:
The relationship between liability caps, indemnification provisions, and exclusions from caps
Common categories excluded from liability caps and how to draft those exclusions clearly
Drafting limitations that address direct damages, consequential damages, and third-party claims
Technical drafting issues that create ambiguity or unintended exposure
Approaches when parties require uncapped liability for specific categories of risk
*Live CLE Credit Information:
How to Contract will apply for 1.0 hour of General CLE credit for the live webinar in CA, PA, and TX.
We will provide details to attendees on how to request a certificate of attendance. These certificates are provided after an attendee submits a completed credit request form (including the CLE code words shared live) within 14 days of the live webinar. Late submissions are not accepted.
Lawyers in these other jurisdictions who attend live may be eligible for credit through reciprocity, self-application, or reporting: AK, AL, AR, AZ, CT, CO, FL, GA, HI, IA, ID, IN, IL, KY, LA, NC, NH, NJ, NV, NY, MD, ME, MN, MO, MT, NC, ND, NE, NH, NM, NV, OK, OR, RI, SC, TN, UT, VA, VT, WA, WI, WV, and WY.
These programs may also be eligible for Canadian CPD credit in British Columbia, Ontario, and Quebec. We do not determine individual eligibility. Please check your state bar for specific compliance rules.