Store Legal Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement

Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement

By Richard A. Rosen
Format
Book - Looseleaf
$709.00

Book - Looseleaf

Available: Item ships in 3-5 Business Days
Price
$709.00
Qty.
This product is available for the standing order program.
Buy Now
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 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.
  • Last Updated 11/09/2017
    Update Frequency Updated annually
    Product Line Wolters Kluwer Legal & Regulatory U.S.
    ISBN 9780735514782
    SKU 10045772-7777
    Table of Contents
      SECTION I - THE SETTLEMENT PROCESS
    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
    Volumes