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

By Richard A. Rosen
Wolters Kluwer Legal & Regulatory U.S. (Online)

Specifications

ISBN-13
10071809
Publisher
Wolters Kluwer Legal & Regulatory U.S. (Online)
Format
Online , 2016 pages
Jurisdiction
U.S. ? Countri(es) for reference only
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Details

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.

Table of Contents

  1. SECTION I - THE SETTLEMENT PROCESS
  2. PRESERVING CLIENT RIGHTS
  3. THE DUTY TO DISCLOSE IN SETTLEMENT NEGOTIATIONS
  4. ETHICAL CONSIDERATIONS IN SETTLEMENT NEGOTIATIONS
  5. SETTLEMENT AGREEMENTS AS CONTRACTS
  6. PARTIES¿ AUTHORITY TO SETTLE A DISPUTE OR CLAIM
  7. THE LAWYER¿S AUTHORITY TO BIND CLIENTS

    SECTION II - DRAFTING EFFECTIVE SETTLEMENT AGREEMENTS

  8. GENERAL PRINCIPLES AND STANDARD PROVISIONS
  9. RELEASES
  10. CONFIDENTIALITY PROVISIONS AND SEALING OF COURT RECORDS
  11. LAW GOVERNING THE AGREEMENT AND CHOICE OF LAW

    SECTION III - THE PROBLEM OF THE NON-SETTLING DEFENDANT

  12. THE LAW OF CONTRIBUTION AND INDEMNITY
  13. PROTECTION AGAINST CONTRIBUTION AND INDEMNIFICATION CLAIMS

    SECTION IV - ENFORCING AND ATTACKING SETTLEMENT AGREEMENTS

  14. FORUM SELECTION CLAUSES
  15. LEGAL ENFORCEMENT OF SPECIFIC TERMS
  16. JUDICIAL ENFORCEMENT: APPLYING THE LAW OF CONTRACTS
  17. RESCISSION AND AVOIDANCE OF SETTLEMENT AGREEMENTS

    SECTION V - SPECIAL ISSUES AND SOLUTIONS

  18. INSURANCE CONSIDERATIONS IN SETTLING COMMERCIAL CASES
  19. OFFERS OF JUDGMENT UNDER FEDERAL RULE 68
  20. CONDITIONING THE SETTLEMENT ON THE VACATUR OF A JUDGMENT OR JUDICIAL OPINION
  21. BANKRUPTCY LAW AND RISK CONSIDERATIONS
  22. TAX CONSIDERATIONS
  23. SETTLING A CLASS ACTION
  24. USE OF NON-BINDING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO FOSTER SETTLEMENT
  25. SPECIAL PROBLEMS IN SETTLING ENVIRONMENTAL DISPUTES
  26. SETTLEMENT OF CLASS AND DERIVATIVE ACTIONS IN THE DELAWARE COURT OF CHANCERY
  27. SPECIAL ISSUES REGARDING SETTLEMENTS IN CALIFORNIA
  28. SETTLEMENTS UNDER NEW YORK LAW
  29. SPECIAL ISSUES IN SETTLEMENTS UNDER NEW JERSEY LAW
  30. SETTLEMENT OF EMPLOYMENT DISPUTES: A Checklist
Price on request

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