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Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement (w/CD-ROM) (2 Vols.)

$610.99 In stock:

Edition: 2014 w/ updates*
Author(s): Rosen


SKU: ATTY30368



List Price: $629.00

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Product Description

All aspects of Commercial Dispute Settlement Agreements are covered in this one resource!

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.

Table of contents includes:

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
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

Updates: Your purchase price includes the cost of all possible previous updates published up through date of purchase. In order to subscribe to future updates, please contact the publisher directly.

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Condition New
Shipping Availability This item ships in 3 to 5 business days.
Heavy No
Format Binder/Looseleaf
Author Rosen
ISBN 9780735514782
Edition 2014 w/ updates*
Publisher Aspen Publishing