Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, Volumen1

Portada
Richard A. Rosen
Wolters Kluwer, 2000 M01 1 - 2016 páginas
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.
 

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Contenido

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
Sample Tolling Agreement
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
Settling a Class Action Chapter 25 Use of NonBinding Alternative Dispute Resolution Mechanisms to Foster Settlement
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
Index
IW-1
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