Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, Volume 1Richard A. Rosen 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. |
Contents
Appendix 20A Form for Offer of Judgment | xlvii |
CHAPTER | 2-3 |
SECTION | 2-4 |
C Exceptions to the Inadmissibility of Offers | 2-15 |
04 Reformation 18 05 Rescission of Settlements and Relief from Final Judgment | 2-18 |
The Table of Contents appears in Volume 1 | 3-1 |
4 Other Exceptions | 3-5 |
Chapter 4 | 4-1 |
Settlement Agreement Resolving Contract Dispute with Exhibits | 18-138 |
Bilateral Settlement Agreement Between Parties with Ongoing Commercial Obligations to One Another | 18-143 |
Settlement Agreement with Exhibits and Guarantee Between Parties Engaged in Ongoing Business Dealings | 18-151 |
Settlement Requiring Defendant to Take and Consent to Corporate Actions | 18-158 |
Settlement Agreement with Detailed Provisions Dealing with Potential Claims by NonSettling Entities | 18-161 |
Settlement Agreement Requiring Future Conduct by Defendant | 18-169 |
Settlement Agreement in Discrimination Action | 18-181 |
Settlement Agreement Reflecting Payments to Be Made Over Period of Years | 18-186 |
ENFORCING AND ATTACKING SETTLEMENT | 5-1 |
SECTION 2 | 5-39 |
Introduction | 6-1 |
Chapter 5 | 6-5 |
Chapter 11 | 6-11 |
Chapter 8 | 8-1 |
Chapter 9 | 9-1 |
General Principles and Standard Provisions | 10-1 |
Chapter 6 | 10-6 |
Chapter 15 | 10-15 |
GOVERNING LAW AND CHOICE OF | 11-1 |
Chapter 12 | 12-1 |
06 Defenses | 12-18 |
Chapter 13 | 12-49 |
The Law of Contribution and Indemnity | 14-1 |
ENFORCING AND ATTACKING SETTLEMENT | 14-65 |
FORUM SELECTION CLAUSES | 15-1 |
Chapter 16 | 16-1 |
Chapter 17 | 17-1 |
AGREEMENTS | 18-1 |
07 Conclusion | 18-4 |
PARTIES AUTHORITY TO SETTLE A DISPUTE OR CLAIM | 18-6 |
Applying the Law of Contracts Chapter 18 Rescission and Avoidance of Settlement Agreements FORMS | 18-129 |
Settlement Documented by CounterSigned Letter | 18-131 |
Simple Settlement Agreement in Breach of Contract Action | 18-133 |
18-196 | |
VOLUME 2 | i |
SPECIAL ISSUES AND SOLUTIONS Chapter 19 Insurance Considerations in Settling Commercial Cases Chapter 20 Offers of Judgment Under Fede... | iii |
Conditioning the Settlement on the Vacatur of a Judgment or Judicial Opinion Chapter 22 Bankruptcy Law and Risk Considerations Chapter 23 Tax ... | iv |
v | |
Special Problems in Settling Environmental Disputes Chapter 27 Settlement of Class and Derivative Actions in the Delaware Court of Chancery | vi |
Special Issues Regarding Settlements in California Chapter 29 Settlements Under New York | vii |
A Checklist | viii |
Settling an Antitrust Case Chapter 32 Settlement of International Disputes Chapter 33 Settling Patent Cases | x |
Considerations | 19-1 |
FORMS AND APPENDICESVOLUME 2 | 19-2 |
Table of Contents for CDROM Component | 21-1 |
Chapter 24 | 24-1 |
Chapter 25 | 25-1 |
Chapter 3 | 26-3 |
Chapter 7 | 27-7 |
Appendix 34A Sample Wells Letter | 34-3 |
Appendix 35A Contact Information for States Attorneys General | 35-1 |
Appendix 36A Sample Settlement Agreements | 36-2 |
False Claims | 37-1 |
Appendix 37A Sample FCA Settlement Agreement | 37-2 |
Table of Cases | TW-1 |
IW-1 | |
Other editions - View all
Settlement Agreements in Commercial Disputes: Negotiating ..., Volume 1 Rosen, Velazquez Limited preview - 2019 |
Settlement Agreements in Commercial Disputes: Negotiating ..., Volume 1 Richard A. Rosen No preview available - 2000 |
Settlement Agreements in Commercial Disputes: Negotiating ..., Volume 1 Richard A. Rosen No preview available - 2000 |
Common terms and phrases
2d Cir action actual agent agree alleged amount apparent authority apply approval arising asserted attorney authority to settle behalf bind breach cause City claims clause client common compromise conduct confidentiality consent consider consideration contract contribution Corp corporation counsel court damages defendant determine discussed dismissal Dist district documents duty effect enforce entered escrow evidence example executed existence express fact federal finding forum selection clause fraud governed held holding insurer intent interest interpretation involving issue judgment jurisdiction language lawyer LEXIS liability limited litigation material matter meaning ment mistake motion negotiations obligation offer omitted parties performance person plaintiff practice principal prior protect provision reasonable received relating release represented rescission Restatement Rule Second seeking settlement agreement settling defendant signed specific statute suit Supp third tion tort trial United York