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Abstract:
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Many consultants and DSMB members agree to indemnify (i.e., insure) organizations hiring them in case of a third-party lawsuit. Understanding the risk that such a clause entails, the careful consultant can often persuade the company to change the contractual language. The US government's policy, however, provides no legal protection for DSMB members. At this roundtable we will discuss the risks entailed by agreeing to indemnify the sponsor, by having no indemnification clause, and by agreeing to cross-indemnification. We will review suggested language for indemnification clauses in consulting and in DSMB contracts. We will address the special case of not-for-profits. If time allows, we will discuss more generally clauses that limit liability for consultants, parsing legal language that may sound reasonable but that actually places the consultant at considerable risk.
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