Parties Can Agree to Anything in a Settlement Agreement…..or Can They

Alexa Stephenson and Ivette Kincaid | Kahana Feld A settlement agreement is a contract. When parties to pending litigation enter into a settlement, they enter into a contract. Such a contract is subject to the general law governing all contracts. (T. M. Cobb Co. v. Superior Court (1984) 36 Cal.3d 273, 280 [204 Cal. Rptr. 143, 682… Continue reading Parties Can Agree to Anything in a Settlement Agreement…..or Can They

Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

Tod Likman | Colorado Construction Litigation As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day.  Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out.  The mediator, a retired judge, gently reminds you of his prior… Continue reading Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

Six Key Questions When Settling And Releasing Legal Claims

Louise Stoupe and Keiko Rose | Morrison Foerster Most disputes settle, so it is important for legal teams to be aware of the key issues involved in drafting a settlement agreement. This is particularly true now, as companies around the world grapple with the COVID-19 pandemic and the resulting strain on supply chains and business… Continue reading Six Key Questions When Settling And Releasing Legal Claims

Six Key Questions When Settling and Releasing Legal Claims

Louise C. Stoupe and Keiko Rose | Morrison & Foerster Most disputes settle, so it is important for legal teams to be aware of the key issues involved in drafting a settlement agreement. This is particularly true now, as companies around the world grapple with the COVID-19 pandemic and the resulting strain on supply chains… Continue reading Six Key Questions When Settling and Releasing Legal Claims

It’s Not Over … Until The Panel Sings

Jonathan Bank and Matthew Murphy | Locke Lord | November 1, 2019 A federal court in New York recently held that an arbitration panel retained the right to resolve any dispute arising out of an arbitration award.  In Chicago Insurance Company v. General Reinsurance Corporation et al., no. 18-cv-10450, 2019 WL 5387819 (S.D.N.Y. Oct. 22, 2019),… Continue reading It’s Not Over … Until The Panel Sings

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