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Confidentiality Provisions in Settlement Agreements

If you’ve ever signed a settlement agreement resolving some dispute, chances are pretty good it contained a confidentiality provision. In many cases, one side or both wish to keep the terms of a settlement to themselves – whether to avoid disclosure of amounts paid to settle or for some other reason. In our experience, these provisions are often paid lip service, but routinely ignored. A recent case from Florida illustrates …Read More

Buying Certainty

If you turn on the news (or, as is more likely in today’s world, open up your favorite news website), chances are pretty good one of the first phrases you will notice is “the fiscal cliff.” Whether it’s a discussion of how it’s not really a cliff, or what our various political leaders’ plans for avoiding it may be, the one common theme surrounding it all is uncertainty, and that …Read More

Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk

Creditors should be aware that there are contexts in which payment can be exacted from a debtor without fear that the transfer will be avoidable at some future date.

−Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk

For suppliers of goods and services, nothing may be more unsettling than discovering that a customer has filed for bankruptcy. To add insult to injury, there is a risk that any recently received payment or settlement might be recaptured by the bankruptcy trustee as a preferential transfer or “preference.” The first thing to remember if you receive a letter from the bankruptcy trustee requesting money to be returned to the …Read More

Alternative Dispute Resolution: An Overview Of The Process And Its Prevalence In Civil Actions

Unlike mediation, arbitration uses a neutral third party to render an actual decision.

−Alternative Dispute Resolution: An Overview Of The Process And Its Prevalence In Civil Actions

In today’s credit-driven society, disputes and complaints are an almost everyday occurrence. The time and resources expended to reach a reasonable solution to even minor disputes substantially increases the cost of doing business. Attorney’s fees and litigation costs are far from rare. In facing the dilemma of backed-up court dockets and mounting public frustration at the perceived inability to quickly resolve disputes through judicial processes, many states have turned to …Read More

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