Key decisions in the 2010 Gulf of Mexico oil spill litigation have highlighted the evolving legal landscape in assessing liability and financial responsibility in a major accident. Now, the energy industry must be aware of how courts interpret such agreements and watch for pitfalls in drafting new contracts.

Historically, deciding who is responsible through mechanisms such as releases, indemnity obligations and insurance, provided certainty. But litigants in the oil spill case challenged the enforceability of certain contractual provisions. This resulted in key decisions from the U.S. District Court for the Eastern District of Louisiana that prompted companies to revisit traditional approaches of allocating risk.

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