Brinen & Associates

Advancement and Indemnification in Business Litigation

On Demand Webinar

Watch the Webinar

Lawsuits can suffer a sudden, titanic shift in the balance of power.

The most devastating shift in a lawsuit can come through a motion demanding, or even the claim for advancement. Advancement is a provision in the corporate documents that permits or requires a company to pay the legal fees of a covered individual – usually an officer or director – while the lawsuit is progressing. Advancement is separate and distinct from indemnification. Indemnification permits or requires a company to pay the legal fees of a covered individual after the lawsuit is concluded and a court finds that the covered individual is entitled to indemnification for the amounts of money that person spent in defending the claim. The goal of this webinar is to allow a business owner to identify indemnification and advancement provisions, how they will affect your business in an adverse position with a former partner, officer, or director, and how to leverage that effect to advantage.

After attending this webinar, an attendee will be able to:

  • Understand the purpose and use of an indemnification provision
  • Understand the purpose and use of an advancement provision
  • Distinguish between an indemnification provision and an advancement provision
  • Understand the conflict between corporate documents that govern an indemnification provision and an advancement provision
  • Understand what you need to do to bullet-proof your business from the twin threat of indemnification or advancement

Meet the Speakers

Joshua D. Brinen

Joshua Brinen

Founder and Principal @Brinen & Associates

Joshua D. Brinen is the founder and the principal of the Firm. Mr. Brinen oversees all areas of practice and firm management. Mr. Brinen is a corporate tax and corporate law specialist with a breadth of experience that extends across the broad spectrum of legal matters. Mr. Brinen focuses his work on entrepreneurs, small and micro-cap companies today – with expertise that extends from securities to tax and accounting to litigation, and across a broad range of industries from manufacturing, oil & gas, petrochemicals, pharmaceuticals, financial markets and commercial real estate.

Mark White

Mark White

Corporate and Litigation Trial Lawyer @Brinen & Associates

Mark White is an experienced corporate and litigation trial lawyer. He served as In-House Counsel to Coca Cola at their Irish Headquarters between 2005 and 2006. In 2006, went into private practice, as a barrister, representing clients in commercial litigation. He represented clients in banking, contractual disputes, professional and negligence actions. In his civil practice, Mark represented parties taking claims against actors of the state but, also defended the state in a multitude of cases. In his criminal practice, Mark defended private clients in jury and bench trials.

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