Intellectual Property Indemnification

Clients trust us to protect their interests, limit their risk and lead recovery efforts when infringement issues arise.

Our deeply experienced team have handled hundreds of infringement indemnification matters and recovered in excess of nine figures for our clients, many of whom are market leaders in the telecommunications, cable, manufacturing and technology sectors.

Our services encompass review and drafting of infringement indemnification, indemnification, confidentiality, limitation of liability, warranty, choice of law, artificial intelligence, data, insurance, and notice provisions within business agreements as well as negotiating – and if necessary, litigating – losses or damages covered by indemnification, warranty, and infringement provisions.

We serve as indemnification counsel to the lead defendant in a complex nonpracticing entity (NPE) patent infringement matter with over 56 patents-in-suit. We notified over 100 suppliers regarding their indemnification obligation, managed supplier relations, allocated indemnified loss across numerous technology spectrums, enforced indemnification, negotiated settlements, and to date have collected more than $55 million in indemnified defense costs and settlement contributions.
We represent systems aggregators in the analysis and enforcement of indemnification rights in more than 200 complex patent infringement litigations and pre-litigation cases, resulting in substantial decreases in exposure and the diversion and recovery of more than nine figures for our clients.
We provide counsel to telecommunication and cable corporations regarding best practices for supplier and technology agreements, including issues associated with privacy, intellectual property, indemnification, and transparent formulae that maximize post-loss reimbursements.
We represent a telecommunication corporation in the analysis and enforcement of intellectual property indemnification provisions across numerous complex patent litigations involving a spectrum of technologies – including wireless network systems and components and video delivery over fiber-optic networks – resulting in the diversion and recovery of more than eight figures.
We provide counsel to healthcare and pharmaceutical industry clients to negotiate and draft vendor and service provider agreements so as to mitigate potential exposure, and to incorporate optimal indemnification and limitation of liability language in order to shift liability and defense exposure to the service provider; leverage a service provider’s insurance coverage; incorporate warranties that hold the service provider accountable for rendering services in accordance with the agreement and applicable law; apply a favorable choice of law provision governing disputes under the contract; and avoid potential pitfalls such as waivers of subrogation that may preclude clients or their insurers from recovering damages attributable to a service provider’s conduct.
We successfully defended a global software client against indemnification assertions and diverted potential damages in excess of eight figures.
We served as lead investigation and securities counsel in the representation of former principals of a cellphone company in an SEC investigation of potential insider trading and tender offer rules violations. Our work included analyzing potential criminal liability and negotiating the indemnification of the clients by the acquirer of the company previously controlled by the clients.
We advised a U.S. global e-commerce, payments and marketing services company in connection with pending litigation on the corporate issues of director and officer indemnification under the company’s certificate of incorporation and bylaws.
In Cayman Islands and Delaware litigation, we obtained full indemnification of our client’s $125 million liability and litigation costs in a case filed against fund auditors and manager.