News & Analysis as of

Settlement Negotiations

Learning from 2017 and Looking Forward to 2018

by Dentons on

The end of the year is an ideal time for attorneys to look back on the recent developments in legal malpractice law that may impact their practices for years to come. It is also a good time for attorneys to look forward to...more

Not So Fast: Limits of "Settlement Negotiation" Protections

by Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

by Fisher Phillips on

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

by Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Alternative Dispute Resolution in England and Wales

by Hogan Lovells on

A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. Please see full Publication below for more information. ...more

Finding Alternatives to Litigation

by Burns & Levinson LLP on

If you read this blog, you probably know that I am a huge proponent of negotiating settlements in divorce cases. As an attorney who has spent her career in divorce litigation, I know firsthand the costs associated with...more

Prescription: A discussion of without prejudice acknowledgments in South Africa

by Dentons on

Extinctive prescription is a means of rendering various types of obligations and claims as extinguished or unenforceable by the effluxion of time. In this article, we provide a brief overview on without prejudice statements...more

Kerrygold Update: A Buttery Settlement

A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark...more

Self-Incrimination and Settlement Agreements

by Bennett Jones LLP on

Misconduct in the securities industry can give rise to both criminal and regulatory liability. One problem that arises from this overlap is the potential for state-compelled self-incrimination. In the criminal context, an...more

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

by Cozen O'Connor on

In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

Defendant Companies Now Have the Right to Appeal North Carolina Class Certification Decisions Directly to NC Supreme Court

by Moore & Van Allen PLLC on

The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme...more

When You Settle A Case, Don't "Over-Release" The Defendant

by Brooks Pierce on

The parties to Security Camera Warehouse, Inc. v. Bowman, 2017 NCBC 38, had been adverse to each other in a previous lawsuit (not in the Business Court), which they settled. Security Camera released Bowman, one of its former...more

The Spotify Settlement With NMPA: What It Means for Music Publishers

by Garvey Schubert Barer on

In March 2016, the popular music streaming service, Spotify, reached a settlement with the National Music Publishers Association (“NMPA”) to cover billions of unlicensed streams from member publishers dating back to the...more

In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

by Benesch on

Sometimes, appellate decisions are written in a purely clinical voice. Other times, they’re infused with a dash of hot sauce....more

Middle District of Florida Defines Settlement Communications Allowed Under the FDCPA

by Burr & Forman on

On November 18, 2016, the United States District Court for the Middle District of Florida held that the communication of an unequivocal and non-coercive settlement offer does not violate the Fair Debt Collection Practices Act...more

Some Pitfalls of Negotiating Your Own Buyout in a Business Divorce

More and more shareholder dispute litigations are settling earlier than ever before, which is obviously a good thing for anyone who does not want to pay a fortune in legal fees (i.e., everyone). The reason is simple – in all...more

Wisconsin Court of Appeals Enforces Parties’ Stipulation to Remedies and Waiver of Judicial Review in Administrative Proceeding

by Foley & Lardner LLP on

While many of us spent this past Halloween gorging on a variety of candies and sweets, Wisconsin’s court of appeals was busy rendering an opinion that likely left Travis Technology High School (“Travis Tech”) with a decidedly...more

Being Prepared To File Business Divorce Litigation May Yield a Negotiated Agreement

Business owners who are having a dispute with their business partners (in New Jersey) should not read this blog and assume their only remedy is shareholder dispute litigation. Because of the cost – both in legal fees, and to...more

The End of an Era: IRS Ends In-Person Settlement Conferences

by McNair Law Firm, P.A. on

Taxpayers often have disputes with the IRS, whether through an income tax audit or as a result of actions by IRS officials to collect federal taxes. To resolve these disputes administratively within the IRS, the IRS many...more

TCPA Connect - October 2016

New Record Deal Reached in TCPA Settlement - In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise...more

Creating and Maximizing Enforceable Settlements

by Cozen O'Connor on

Settling a case may be the culmination of years of litigation or a strategic move at the outset to avoid litigation costs. Many times, settlement occurs at some point in between. Regardless of when the settlement occurs, it’s...more

Can privileged settlement negotiations be used to prove a hostile work environment?

by DLA Piper on

In Shaw Communications Inc. and Unifor, Local M1, Re, 2016 CarswellNat 4032 (Saunders), a dispute arose following an employee’s allegation of harassment against a coworker. The employee filed a harassment complaint, and then...more

Mediation Privilege – Federal v. State Law Applicability

by Low, Ball & Lynch on

Mediation Privilege – Federal v. State Law Applicability In Re: TFT-LCD (Flat Panel) Antitrust Litigation; Sony Electronics, Inc. et al. v. Hannstar Display Corp. U.S. Court of Appeal, Ninth Circuit (September 1, 2016)...more

Board Ties Judges’ Hands In Settling Cases Directly

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more

Back to basics: Settlement of disputes

by DLA Piper on

By far the majority of cases settle, but ensuring the settlement you thought you had agreed is accurately reflected in a settlement agreement can be more complicated than it first appears. What are the pitfalls to watch out...more

78 Results
|
View per page
Page: of 4
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.