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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Settlements and Releases

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Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

Posted in Arbitration and Mediation, Contracts, Settlements and Releases

It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter you from exercising extreme focus on documenting that settlement in a carefully crafted agreement. Indeed, as… Continue Reading

Even Conduct That Is Not Barred by a Contract Can Lead to Contract Damages

Posted in Contracts, Pre-Litigation Considerations, Settlements and Releases

In Exercising Contractual Rights Can Be Risky If It Is for an Ulterior Purpose, I discussed how a business can subject itself to multiple damages and attorneys’ fees under Mass. General Laws, Chapter 93A if it attempts to enforce its contractual rights maliciously. In a recent, parallel decision, Robert and Ardis James Foundation v. Meyers, the… Continue Reading

Know What You Are and Are Not Giving Up in a Release

Posted in Contracts, Settlements and Releases

Because over 95 percent of civil disputes are resolved without a final judgment, parties routinely enter into settlement agreements that include releases. Further, for those disputes that do not spawn formal litigation, it is not uncommon for in-house counsel or senior business executives to take the lead in a settlement. As such, it is important… Continue Reading

Concerns Regarding Tort Claim Waivers

Posted in Contracts, Settlements and Releases

When Richard Angelo died during a triathlon sponsored by USA Triathlon, USAT thought that the waiver/indemnity Richard had executed would protect the organization.  Unfortunately for USAT, that liability limitation turned out not to be nearly as ironclad as USAT had hoped.  Now, USAT faces the prospect of defending a case that could subject it to… Continue Reading

Drafting a Practical and Enforceable Non-Disparagement Provision

Posted in Confidentiality and Non-Disparagement, Liquidated Damages, Settlements and Releases

More than once, an in-house counsel has called me up wanting to sue a former employee because s/he has been “bad-mouthing” the company despite having agreed not to disparage the company as part of a settlement or severance agreement.  Nevertheless, I Often have had to give the client the bad news that, in light of… Continue Reading