Approximately 2 percent of cases actually go to trial. Even then, after the jury comes back, or a judgement is entered, cases get resolved in a negotiated settlement much of the time. Considering what takes place in 98 percent of all cases, does resolution get the focus warranted? Whether it is outside counsel, in-house counsel or a specialized counsel, the role of “settlement counsel”—in many cases the point person for resolution—is critical in getting the result the client wants. In most...
In a complex business dispute involving substantial and potentially unlimited exposure, a sophisticated defendant was not willing to pay the amount it determined it would actually take to settle, so they became primarily concerned about how to ‘cap’ their exposure on the case. Based on an excellent working relationship that developed between general counsel for the defendant and trial counsel for the plaintiffs, the parties negotiated a convoluted but efficient agreement. The terms of the agreement...
