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...
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...
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)...
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...
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...
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...
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,...
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....
NYLJ “No Breach of Settlement Agreement Where Conduct Not Prohibited by Non-Disparagement Clause”
By Thomas E.L. Dewey Parties frequently use settlement agreements to restrict or prohibit potentially harmful conduct, such as...
NYLJ “Form of Settlement Agreement Weighs in Favor of Enforceability Even Absent Executed Document”
By Thomas E.L. Dewey A recent case from the Southern District of New York, In re Elysium Health-ChromaDex Litigation, No. 17-cv7394(LJL),...