Topic
Settlement Negotiation
302 published works
EvidenceProf Blog
For Your Eyes Only: NJ Court Notes That Documents Prepared for Settlement Negotiations are Inadmissible
By Colin Miller
Federal Rule of Evidence 408 provides that(a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount…
NJ Family Legal Blog
Deciding Whether to Settle or Defend Yourself Against a Persistent and Financially Superior Spouse
Reading and considering Eric Solotoff’s blog from earlier this week regarding the benefits of settlement, it is also critical to know when to settle and, quite frankly, whether to settle…
San Antonio Employment Law Blog
When to Accept a Settlement Offer
Clients always ask me about settlement and trials. If we do not accept $XX, what will happen at trial, they essentially ask. There is little or no empirical data for…
New Jersey Insurance Coverage Litigation
Bad Faith and Settlement Negotiations
By Gene Killian
Here’s an interesting question recently confronted by the Ninth Circuit: Is it bad faith for an insurance company to refuse to initiate settlement discussions in a third-party context when liability…
EvidenceProf Blog
Rafael Nadal, Roger Federer, The Battle Of The Surfaces & Federal Rule Of Evidence 408
By Colin Miller
With Rafael Nadal about to take to the terra batu to face Novak Djokovic for a record seventh French Open title, I can't help but think to a time when Rafa was considered JUST a great…
Corporate & Financial Weekly Digest
Financial Statements and Settlement Negotiations of Cooperating Witnesses in SEC Action Not Discoverable by Defendants
Co-authored by Dean N. Razavi. The U.S. District Court for the Southern District of New York last week denied defendants Rajat Gupta and Raj Rajaratnam’s motion to compel documents concerning…
Federal Securities Law Source
Judge Rakoff Issues Opinion in Civil Gupta Case Explaining Why He Will Not Compel the SEC to Produce Documents Relating to Settlement Negotiations
In a Memorandum Order entered on May 1, 2012, Judge Jed Rakoff formally denied a motion to compel by Rajat Gupta and Raj Rajaratnam, who were seeking an order that…
SDNY Blog
Judge Rakoff Denies Discovery of Settlement Negotiations Between SEC and Cooperators
In an order dated yesterday, Judge Rakoff denied the motion of former Goldman director Rajat Gupta and convicted hedge fund manager Raj Rajaratnam to compel the SEC to produce documents…
Delaware Corporate & Commercial Litigation Blog
Delaware Court of Chancery and Federal Court in NY Compete for Jurisdiction Over BofA Settlement
As Alison Frankel of Thomson Reuters deftly explains in an article about the pending settlement in federal court in NY regarding a class action against Bank of America, the plaintiffs in a parallel…
Intellectual Property Law Blog
Federal Circuit Extends ResQNet and Allows Discovery of Settlement Negotiations
By Ed Anderson, Martin Bader, and Matthew M. Mueller The Federal Circuit (Dyk*, Rader & Moore) recently weighed in on the long-disputed issue of privilege for settlement negotiations. On April…