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NYLJ “Merger Clauses in Draft Settlement Agreements as Expressions of Intent Not To Be Bound Absent a Writing”
By Thomas E.L. Dewey Settlement agreements, like most contracts, often include merger clauses stating that the contract is the complete...
May 16
NYLJ “Parties’ Reservation of Rights Defeats Attempt to Enforce Settlement in Principle”
By Thomas E.L. Dewey and Daniel Shternfeld Long time readers of this column know that not all enforceable settlements are reduced to...
Feb 9
NYLJ “Dispute on ‘Implicit’ Term Insufficient to Preclude Enforcement”
By Thomas E.L. Dewey and Edward Lee Parties typically enter into settlement agreements with the expectation that their agreement will...
Oct 21, 2024
NYLJ “Proposed Settlement of Class Action Concerning Alleged Bribery Scheme Approved as ‘Fair and Reasonable’”
By Thomas E.L. Dewey and Christopher DeNicola After information implicating Tenaris S.A. (Tenaris) executives in an alleged scheme to...
Jul 3, 2024
NYLJ “Proposed Settlement of Claims Arising from Sale of Stuyvesant Town Property Approved as ‘Fair and Reasonable’”
By Thomas E.L. Dewey and Christopher DeNicola In 2010, the former owners of the Peter Cooper Village and Stuyvesant Town (Stuy Town)...
Apr 12, 2024
NYLJ “Settlement Agreement Enforceable in Absence of Written Agreement”
By Thomas E.L. Dewey and Christine Kim Parties engaged in settlement discussions often reach an agreement in principle by exchanging...
Feb 15, 2024
NYLJ “No Breach of Settlement Agreement Where Text of Unsigned Draft Agreement Indicated Execution Was Required”
By Thomas E.L. Dewey When the parties to a dispute negotiate a settlement agreement, they generally memorialize their agreement in a...
Oct 13, 2023
NYLJ “Oral Agreement to Settle at Mediation and Follow-Up Email Insufficient for Enforcement”
By Thomas E.L. Dewey New York practitioners are likely aware that not all enforceable settlements are reduced to a formal settlement...
Jul 7, 2023
NYLJ “Lack of Agreement on the Term ‘Implicit’ Insufficient To Preclude Enforcement”
By Thomas E.L. Dewey When parties to a litigation negotiate a settlement agreement, they often agree on certain core terms before others,...
Apr 19, 2023
NYLJ “Tentative Settlement Agreement Unenforceable Without Intent to Be Bound”
By Thomas E.L. Dewey Parties commonly agree on the monetary value of a settlement before beginning work on formal settlement documents....
Feb 16, 2023
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