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Drafting Settlement Agreements in Litigation (Teleseminar)
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Drafting Settlement Agreements in Litigation (Teleseminar)

1 CLE hour

When: 04/21/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781

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One-hour CLE programs are just a phone call away
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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

Drafting Settlement Agreements in Litigation - 1 CLE hour

A settlement in litigation – commercial, fiduciary, construction, or other – is only as good as the settlement agreement.  The case may have stopped short of trial or stopped in the middle of trial as the parties realized that settlement was the best course of action, but preserving the informal agreement to settle places immense pressure on getting the underlying agreement right – not only settling the present dispute but preserving the settlement as things change over time.  Understanding the law governing these agreements and carefully drafting their essential provisions – mutual releases, scope, any financial terms, non-disclosure, non-disparagement an many more – are essential to preserving the value of the settlement. This program will provide you with a draftsman’s guide to the essential provisions, traps and opportunities of litigation settlement agreements.
Framework of law governing settlement agreements
Essential provisions of settlement agreements, including traps for the unwary
Defining scope of settlement and mutual releases
Economic terms (including potential tax impact), uses of escrow, and collection
Role of non-disclosure and non-disparagement provisions, violations and remedies.
Enhancing the enforceability and decreasing the costs of settlement agreements 

Steven B. Malech
is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.

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