Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement - 073551478X - 9780735514782

Photo of the title: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement - 073551478X - 9780735514782

by: Richard A. Rosen
August 2000, ISBN 073551478X
ISBN 13: 9780735514782
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13 June 2012

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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 moreWhether 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.

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