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Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement, 2nd Edition (1-year Online Subscription)

Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement, 2nd Edition (1-year Online Subscription)

Author: Richard A. Rosen
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
ISBN: 10071809
Published In: Subscription-type (Contents updated periodically)
Format: Online , 2016 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 6,835.59

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Contents

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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 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.
1. PRESERVING CLIENT RIGHTS
2. THE DUTY TO DISCLOSE IN SETTLEMENT NEGOTIATIONS
3. ETHICAL CONSIDERATIONS IN SETTLEMENT NEGOTIATIONS
4. SETTLEMENT AGREEMENTS AS CONTRACTS
5. PARTIES¿ AUTHORITY TO SETTLE A DISPUTE OR CLAIM
6. THE LAWYER¿S AUTHORITY TO BIND CLIENTS
  SECTION II - DRAFTING EFFECTIVE SETTLEMENT AGREEMENTS
7. GENERAL PRINCIPLES AND STANDARD PROVISIONS
8. RELEASES
9. CONFIDENTIALITY PROVISIONS AND SEALING OF COURT RECORDS
10. LAW GOVERNING THE AGREEMENT AND CHOICE OF LAW
  SECTION III - THE PROBLEM OF THE NON-SETTLING DEFENDANT
11. THE LAW OF CONTRIBUTION AND INDEMNITY
12. PROTECTION AGAINST CONTRIBUTION AND INDEMNIFICATION CLAIMS
  SECTION IV - ENFORCING AND ATTACKING SETTLEMENT AGREEMENTS
13. FORUM SELECTION CLAUSES
14. LEGAL ENFORCEMENT OF SPECIFIC TERMS
15. JUDICIAL ENFORCEMENT: APPLYING THE LAW OF CONTRACTS
16. RESCISSION AND AVOIDANCE OF SETTLEMENT AGREEMENTS
  SECTION V - SPECIAL ISSUES AND SOLUTIONS
17. INSURANCE CONSIDERATIONS IN SETTLING COMMERCIAL CASES
18. OFFERS OF JUDGMENT UNDER FEDERAL RULE 68
19. CONDITIONING THE SETTLEMENT ON THE VACATUR OF A JUDGMENT OR JUDICIAL OPINION
20. BANKRUPTCY LAW AND RISK CONSIDERATIONS
21. TAX CONSIDERATIONS
22. SETTLING A CLASS ACTION
23. USE OF NON-BINDING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO FOSTER SETTLEMENT
24. SPECIAL PROBLEMS IN SETTLING ENVIRONMENTAL DISPUTES
25. SETTLEMENT OF CLASS AND DERIVATIVE ACTIONS IN THE DELAWARE COURT OF CHANCERY
26. SPECIAL ISSUES REGARDING SETTLEMENTS IN CALIFORNIA
27. SETTLEMENTS UNDER NEW YORK LAW
28. SPECIAL ISSUES IN SETTLEMENTS UNDER NEW JERSEY LAW
29. SETTLEMENT OF EMPLOYMENT DISPUTES: A Checklist