Chancery Holds First-Party Claims Covered by Standard Indemnity Provision in LLC Agreement Absent Express Contrary Intent

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that first-party claims are covered by a standard indemnity provision in a limited liability company agreement absent an express intent to the contrary, rejecting application of the presumption in a line of cases involving bilateral commercial contracts against fee-shifting with respect to claims between the contracting parties absent a clear statement allowing it.

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Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

(302) 295-2087

Barry M. Klayman

Of Counsel

(302) 295-2035

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