Settlement Agreements

The warrior’s arsenal

A modest proposal regarding the continued usefulness of confidential settlement agreements for sexual-harassment cases in a post-Weinstein era

From Issue: 2018 August

Attorneys face a dilemma between duty to client and obligation to the cause of civil justice

On the road to settlement, negotiate non-monetary terms before you agree to a number

From Issue: 2022 April

A review of the civil code and court decisions that define this common contract clause

Think twice about signing releases in settlement agreements that include liquidated damages or indemnification provisions

Can duress induced by a party’s own counsel void a settlement agreement?

From Issue: 2022 June

QSFs are used to avoid conflicts both between multiple attorneys and multiple plaintiffs, providing income to plaintiffs while disputes are resolved

Allocation of settlement proceeds and the tax consequences must be understood when negotiated with institutional defendants

From Issue: 2017 August

Calculating and reducing setoffs in personal-injury and medical-malpractice cases

How the addition of a third-party litigation funder affects both parties’ decision-making at mediation

From Issue: 2017 August

When a settlement agreement includes a liquidated-damages provision it may become subject to heightened scrutiny

Oral mediation-settlement agreements and the use of Evidence Code section 1118