News & Analysis as of

Settlement Negotiations

Denial of Export Privileges for ZTE

• The United States Department of Commerce announced the denial of export privileges against Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. (collectively, ZTE) on April 16, 2018....more

SEC Offers “Favorable Terms” to Advisers that Self-Report Failure to Disclose Receipt of 12b-1 Fees

On February 12, 2018, the SEC Division of Enforcement announced a new self-reporting initiative – the Share Class Selection Disclosure (the “SCSD Initiative”). The Initiative, led by the Commission’s Asset Management Unit,...more

Why Do Personal Injury Lawsuits Take So Long? - Here Are 4 Common Reasons

by The Brown Firm on

You may be asking yourself, "why do personal injury lawsuits take so long?" Today, our attorneys at The Brown Firm are going to share four factors that play into the length of your case. It is our hope to provide you insight...more

Limited Power of Attorney No Substitute for AOB in Texas

by Zelle LLP on

When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

Five Ways to Increase Negotiation Rates in Disbursements

by Epiq on

When sending a disbursement for a settlement in a class action, mass tort, or bankruptcy cases, parties often feel that control is now out of their hands and there is nothing more to do than wait for checks to be negotiated....more

Navigating The Mediation Experience: No Compromise - No Resolution

Mediation is a productive process, a process whose premise is that no party will get exactly what they want, but each will compromise to reach a mutually agreed upon resolution. I hear attorneys say that a good settlement is...more

Why Do We Need A Collaborative Team?

by Stange Law Firm, PC on

Most individuals would like to resolve their divorce or family law case outside of court. The problem is that many do not agree on all issues in play in their divorce. When individuals think about how to get to an...more

Bracketing the “Zone”: Getting to the range in which bargaining succeeds

by JAMS on

Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist...more

Texas Appellate Court Rules on Discoverability of Settlement Agreements

by Jones Day on

In In re GreCon, Inc., a Texas appellate court recently addressed when a party must produce settlement agreements. The plaintiff sued multiple defendants in tort after a fire, and settled with all except GreCon. After...more

Big Brother IS watching: DOJ announces increased scrutiny of proposed class action settlements

The US Department of Justice (DOJ) plans to take a more active role in reviewing and objecting to class action settlements under a rarely used procedure established by the Class Action Fairness Act (CAFA) more than a dozen...more

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

Eigen schuld, dikke bult (Dutch)

by Dentons on

In many professional liability cases, a claim is claimed by an injured party to the effect that the relevant professional is liable to the injured party and must compensate his or her loss "to be made more detailed by state"....more

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

Why Mediations Fail

While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve...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

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