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Negotiating Limitation of Liability Provisions in Agency ...

Negotiating Limitation of Liability Provisions in Agency -Client AgreementsPresenters: Brian HeidelbergerMonique (Nikki) BhargavaToday s Presenters2 Brian HeidelbergerChair, Advertising, Marketing & Brand Enforcement Protection PracticeChicago+1 Monique (Nikki) BhargavaAssociate, Advertising, Marketing & Brand Enforcement Protection PracticeChicago+1 The IssueClient ViewVendor/ Agency is caretaker of services, IP, and dataIf the vendor / Agency is at fault, why limit its liabilityAgency is in part being hired to take on the riskVendor/ Agency is an attractive target for hackers because it works with multiple clients Agency ViewSometimes risk is unavoidable Often vendor / Agency is a victim tooJust because client is paying, does not mean it should be allowed to outsource 100% the risk$XX,000 revenue stream is not worth $XXMM riskClient is an attractive target due to deep pocketsClient Wants Agency / vendor to Be LiableVendor/ Agency Wants to Limit Its Liability Two Diametrically Opposing Points of View4 Two Diametrically Opposing Points of ViewClient View Clients may treat all risks in a similar fashionVendor/ Agency should be responsible for all its own third- party vendorsAgencies need to be thoughtful on what they pitch and be accountableAgencies can t suggest ideas and make the client liable for researchingAgency ViewVendor/ Agency wants to avoid taking

party vendors. Agencies need to be thoughtful on what they pitch and be accountable. Agencies can’t suggest ideas and make the client liable for researching. Agency View Vendor/Agency wants to avoid taking on more liability than dictated by the type of services it is providing. Vendor/Agency is often working with third-party vendors that will

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  Liability, Party, Provisions, Vendor, Limitations, Negotiating, Negotiating limitation of liability provisions, Party vendors

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