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All aspects of Commercial Dispute Settlement Agreements are covered in this one resource!
Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement
by Richard A. Rosen
List Price: $509.00  
Eligible for Free Standard Shipping on U.S. Prepaid Orders
Imprint: Aspen Publishers
ISBN: 9780735514782
Looseleaf: 2,016 pages
Publication Cycle: Updated annually
Last Updated: 6/6/2013
Available: Item ships in 3-5 Business Days

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.
    1. SECTION I - THE SETTLEMENT PROCESS
    2. PRESERVING CLIENT RIGHTS
    3. THE DUTY TO DISCLOSE IN SETTLEMENT NEGOTIATIONS
    4. ETHICAL CONSIDERATIONS IN SETTLEMENT NEGOTIATIONS
    5. SETTLEMENT AGREEMENTS AS CONTRACTS
    6. PARTIES¿ AUTHORITY TO SETTLE A DISPUTE OR CLAIM
    7. THE LAWYER¿S AUTHORITY TO BIND CLIENTS

      SECTION II - DRAFTING EFFECTIVE SETTLEMENT AGREEMENTS

    8. GENERAL PRINCIPLES AND STANDARD PROVISIONS
    9. RELEASES
    10. CONFIDENTIALITY PROVISIONS AND SEALING OF COURT RECORDS
    11. LAW GOVERNING THE AGREEMENT AND CHOICE OF LAW

      SECTION III - THE PROBLEM OF THE NON-SETTLING DEFENDANT

    12. THE LAW OF CONTRIBUTION AND INDEMNITY
    13. PROTECTION AGAINST CONTRIBUTION AND INDEMNIFICATION CLAIMS

      SECTION IV - ENFORCING AND ATTACKING SETTLEMENT AGREEMENTS

    14. FORUM SELECTION CLAUSES
    15. LEGAL ENFORCEMENT OF SPECIFIC TERMS
    16. JUDICIAL ENFORCEMENT: APPLYING THE LAW OF CONTRACTS
    17. RESCISSION AND AVOIDANCE OF SETTLEMENT AGREEMENTS

      SECTION V - SPECIAL ISSUES AND SOLUTIONS

    18. INSURANCE CONSIDERATIONS IN SETTLING COMMERCIAL CASES
    19. OFFERS OF JUDGMENT UNDER FEDERAL RULE 68
    20. CONDITIONING THE SETTLEMENT ON THE VACATUR OF A JUDGMENT OR JUDICIAL OPINION
    21. BANKRUPTCY LAW AND RISK CONSIDERATIONS
    22. TAX CONSIDERATIONS
    23. SETTLING A CLASS ACTION
    24. USE OF NON-BINDING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO FOSTER SETTLEMENT
    25. SPECIAL PROBLEMS IN SETTLING ENVIRONMENTAL DISPUTES
    26. SETTLEMENT OF CLASS AND DERIVATIVE ACTIONS IN THE DELAWARE COURT OF CHANCERY
    27. SPECIAL ISSUES REGARDING SETTLEMENTS IN CALIFORNIA
    28. SETTLEMENTS UNDER NEW YORK LAW
    29. SPECIAL ISSUES IN SETTLEMENTS UNDER NEW JERSEY LAW
    30. SETTLEMENT OF EMPLOYMENT DISPUTES: A Checklist

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