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Articles Tagged with Settlement

In the May 17, 2018 edition of The Legal Intelligencer, Edward Kang, Managing Member of Kang Haggerty, writes Key Points in Negotiating and Preparing Settlement Agreements and Releases.

With fewer and fewer cases going to trial, lawyers must be competent in settling claims and preparing settlement documents that accurately capture the terms of the settlement. While settlements often bring a sigh of relief from lawyers and their clients, getting from the point of settlement to execution and payment—this article is written from mostly the plaintiff’s perspective—can take months, and sometimes requires court-intervention. This usually happens, as stated in more detail below, when one side wants to renegotiate the material terms of a settlement agreement; and the main reason for seeking to renegotiate is often the other side was not adequately prepared going into and during settlement negotiations. This is particularly true in complicated cases involving multiple parties and claims.

Most litigators, if not all, have negotiated settlements and prepared many settlement documents. And there are many articles written about the “dos and don’ts” of negotiating a settlement or preparing a settlement document. This article focuses on a few additional points for practitioners to consider when negotiating a settlement or preparing a settlement document. Continue reading ›

Edward T. Kang, EsquireIn the July 27, 2017 edition of The Legal Intelligencer, Kang Haggerty Managing Member Edward T. Kang writes on Being Careful What You Say in Settlement Discussions.

Be Careful What You Say in Settlement Discussions

By Edward T. Kang

On September 23, 2014, in Potok v. Rebh, the Philadelphia Court of Common Pleas held that the corporate officers of Floorgraphics, an advertising company, were held liable for appropriating $12 million from a settlement deal from the sale of their company in 2009 to News America Marketing.

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The State University of New York has reached a deal with unions and Northern Brooklyn community groups regarding the future of its Long Island College Hospital.

In February of 2013, SUNY’s board of trustees voted to close the hospital and were seeking sell the property to (likely one of four) developers who are competing in a bid process.  Various groups from the community blocked the closure with a web of legal actions brought by a coalition of local community groups, unions and elected officials, who were calling for a totally new, transparent Request for Proposals (bidding) process that “respond to the health care needs of the community.”  Meanwhile, SUNY claimed that the losses—estimated at as much as $13MM per month—that resulted from the hospital’s continued operation threaten the structure of the state’s entire public college system. Continue reading ›

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