Business and Legal Insights

Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the doctrine of common law indemnity. Understanding the distinction is critical because different legal principles and...Read More

Representations and warranties define parties’ factual assumptions and assurances and allocate risk when those assumptions prove false, making them heavily negotiated provisions in commercial contracts. In litigation, representations and warranties are central in shaping claims and corresponding remedies...Read More

Specificity in drafting allows contracting parties to allocate risk with precision and enable efficient dispute resolution. Unclear contractual language can foster disputes and litigation. In addition to offering helpful drafting suggestions, this article will discuss the impact of ambiguous language in commercial...Read More