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Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement
     

Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement

by Rosen
 

ISBN-10: 073551478X

ISBN-13: 9780735514782

Pub. Date: 08/02/2000

Publisher: Wolters Kluwer Legal & Regulatory

With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements

Overview

With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes.

Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements:

• Sophisticated analysis of the law and its application
• Detailed planning of effective drafting techniques
• In-depth coverage of 'hot issues,' such as multi-party settlements and tax considerations
• Strategies for handling 'special topics,' such as tax and environmental concerns
• A time-saving library of model agreements on disk for a variety of disputes and jurisdictions
• Extensive case citations
• And much more

Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives.

Product Details

ISBN-13:
9780735514782
Publisher:
Wolters Kluwer Legal & Regulatory
Publication date:
08/02/2000
Pages:
2016
Product dimensions:
11.20(w) x 14.20(h) x 8.00(d)

Table of Contents

SECTION I - THE SETTLEMENT PROCESS
• PRESERVING CLIENT RIGHTS
• THE DUTY TO DISCLOSE IN SETTLEMENT NEGOTIATIONS
• ETHICAL CONSIDERATIONS IN SETTLEMENT NEGOTIATIONS
• SETTLEMENT AGREEMENTS AS CONTRACTS
• PARTIES' AUTHORITY TO SETTLE A DISPUTE OR CLAIM
• THE LAWYER'S AUTHORITY TO BIND CLIENTS

SECTION II - DRAFTING EFFECTIVE SETTLEMENT AGREEMENTS
• GENERAL PRINCIPLES AND STANDARD PROVISIONS
• RELEASES
• CONFIDENTIALITY PROVISIONS AND SEALING OF COURT RECORDS
• LAW GOVERNING THE AGREEMENT AND CHOICE OF LAW

SECTION III - THE PROBLEM OF THE NON-SETTLING DEFENDANT
• THE LAW OF CONTRIBUTION AND INDEMNITY
• PROTECTION AGAINST CONTRIBUTION AND INDEMNIFICATION CLAIMS

SECTION IV - ENFORCING AND ATTACKING SETTLEMENT AGREEMENTS
• FORUM SELECTION CLAUSES
• LEGAL ENFORCEMENT OF SPECIFIC TERMS
• JUDICIAL ENFORCEMENT: APPLYING THE LAW OF CONTRACTS
• RESCISSION AND AVOIDANCE OF SETTLEMENT AGREEMENTS

SECTION V - SPECIAL ISSUES AND SOLUTIONS
• INSURANCE CONSIDERATIONS IN SETTLING COMMERCIAL CASES
• OFFERS OF JUDGMENT UNDER FEDERAL RULE 68
• CONDITIONING THE SETTLEMENT ON THE VACATUR OF A JUDGMENT OR JUDICIAL OPINION
• BANKRUPTCY LAW AND RISK CONSIDERATIONS
• TAX CONSIDERATIONS
• SETTLING A CLASS ACTION
• USE OF NON-BINDING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO FOSTER SETTLEMENT
• SPECIAL PROBLEMS IN SETTLING ENVIRONMENTAL DISPUTES
• SETTLEMENT OF CLASS AND DERIVATIVE ACTIONS IN THE DELAWARE COURT OF CHANCERY
• SPECIAL ISSUES REGARDING SETTLEMENTS IN CALIFORNIA
• SETTLEMENTS UNDER NEW YORK LAW
• SPECIAL ISSUES IN SETTLEMENTS UNDER NEW JERSEY LAW
• SETTLEMENT OF EMPLOYMENT DISPUTES: A Checklist

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