Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement Book

SECTION I - THE SETTLEMENT PROCESS
• PRESERVING CLIENT RIGHTS
• THE DUTY TO DISCLOSE IN SETTLEMENT NEGOTIATIONS
• ETHICAL CONSIDERATIONS IN SETTLEMENT NEGOTIATIONS
• SETTLEMENT AGREEMENTS AS CONTRACTS
• PARTIES¿ AUTHORITY TO SETTLE A DISPUTE OR CLAIM
• THE LAWYER¿S AUTHORITY TO BIND CLIENTS

SECTION II - DRAFTING EFFECTIVE SETTLEMENT AGREEMENTS
• GENERAL PRINCIPLES AND STANDARD PROVISIONS
• RELEASES
• CONFIDENTIALITY PROVISIONS AND SEALING OF COURT RECORDS
• LAW GOVERNING THE AGREEMENT AND CHOICE OF LAW

SECTION III - THE PROBLEM OF THE NON-SETTLING DEFENDANT
• THE LAW OF CONTRIBUTION AND INDEMNITY
• PROTECTION AGAINST CONTRIBUTION AND INDEMNIFICATION CLAIMS

SECTION IV - ENFORCING AND ATTACKING SETTLEMENT AGREEMENTS
• FORUM SELECTION CLAUSES
• LEGAL ENFORCEMENT OF SPECIFIC TERMS
• JUDICIAL ENFORCEMENT: APPLYING THE LAW OF CONTRACTS
• RESCISSION AND AVOIDANCE OF SETTLEMENT AGREEMENTS

SECTION V - SPECIAL ISSUES AND SOLUTIONS
• INSURANCE CONSIDERATIONS IN SETTLING COMMERCIAL CASES
• OFFERS OF JUDGMENT UNDER FEDERAL RULE 68
• CONDITIONING THE SETTLEMENT ON THE VACATUR OF A JUDGMENT OR JUDICIAL OPINION
• BANKRUPTCY LAW AND RISK CONSIDERATIONS
• TAX CONSIDERATIONS
• SETTLING A CLASS ACTION
• USE OF NON-BINDING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO FOSTER SETTLEMENT
• SPECIAL PROBLEMS IN SETTLING ENVIRONMENTAL DISPUTES
• SETTLEMENT OF CLASS AND DERIVATIVE ACTIONS IN THE DELAWARE COURT OF CHANCERY
• SPECIAL ISSUES REGARDING SETTLEMENTS IN CALIFORNIA
• SETTLEMENTS UNDER NEW YORK LAW
• SPECIAL ISSUES IN SETTLEMENTS UNDER NEW JERSEY LAW
• SETTLEMENT OF EMPLOYMENT DISPUTES: A Checklist