Description
Aspen Publishers (Wolters Kluwer) Settlement Agreements In Commercial Disputes: Negotiating, Drafting And Enforcement (In 2 Volumes) (South Asian Reprint Edition) by Richard A Rosen
In two comprehensive volumes, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements.
Contents:
VOLUME 1
Chapter 1. Introduction
SECTION 1 - THE SETTLEMENT PROCESS
Chapter 2. Preserving client rights
Chapter 3. The duty to disclose in settlement negotiations
Chapter 4. Ethical considerations in settlement negotiations
Chapter 5. Settlement agreements as contracts
Chapter 6. Parties' authority to settle a dispute or claim
Chapter 7. The lawyer's authority to bind clients
SECTION 2 - DRAFTING EFFECTIVE SETTLEMENT AGREEMENTS
Chapter 8. General principles and standard provisions
Chapter 9. Releases
Chapter 10. Confidentiality provisions and sealing of court records
Chapter 11. Law governing the agreement and choice of law
SECTION 3 - NON-SETTLING DEFENDANT
Chapter 12. The law of contribution and indemnity
Chapter 13. Reserved
Chapter 14. Protection against contribution and indemnification claims
SECTION 4 - ENFORCING AND ATTACKING SETTLEMENT AGREEMENTS
Chapter 15. Forum selection clauses
Chapter 16. Legal enforcement of specific terms
Chapter 17. Judicial enforcement: applying the law of contracts
Chapter 18. Rescission and avoidance of settlement agreements
FORMS
VOLUME 2
SECTION 5 - SPECIAL ISSUES AND SOLUTIONS
Chapter 19. Insurance considerations in settling commercial cases
Chapter 20. Offers of judgment under federal rule 68
Chapter 21. Conditioning the settlement on the vacatur of a judgment or judicial opinion
Chapter 22. Bankruptcy law and risk considerations
Chapter 23. Tax considerations
Chapter 24. Settling a class action
Chapter 25. Use of non-binding alternative dispute resolution mechanisms to foster settlement
Chapter 26. Special problems in setting environment disputes
Chapter 27. Settlement of class and derivative actions in the delaware court of chancery
Chapter 28. Special issues regarding settlements in california
Chapter 29. Settlements under new york law
Chapter 30. Settlement of employment disputes: A checklist
Chapter 31. Setting an antitrust case
Chapter 32. Settlement of international disputes
Chapter 33. Setting patent cases
Chapter 34. Setting with the securities and exchange commission
Chapter 35. Settlement issues under the class action fairness act
Chapter 36. Setting copyright and trademark disputes
Table of Cases
Index
Key Features:-
- 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 cons
- 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
- Extensive case citations