Settlements

Nobody thought this case was worth fighting?

In many instances, working a case up can actually hurt a party’s settlement position.

In my experience, if a lawyer has easy billing on a matter, they might not be too inclined to settle a matter.

Hopefully the Latham associate will be able to find some peace now.

Clients may not wish to settle for nuisance value because they may have an inflated sense for how good their case is.

Bad dreams about billing, settlement, and the value of cases.

If everything is uncertain in litigation, things are even more uncertain in settlement. Always keep pushing your case to trial to get the best results for your clients.

Never forget, your duty to your client reigns supreme.

Legal concerns may take a backseat to business ones, but that does not mean you should simply fold.

The hardworking staff at the SEC deserves a big pat on the back for putting a stop to this.

To win for our clients, we have to be ready to set aside the fighting sometimes and try to get to settlement.

Some advice on how to walk a client off the trial court ledge and back into a settlement.

This settlement is nowhere near the amount needed to make all class members whole, and it's sad.

Maybe outside counsel, and clients, and the judicial system itself, should begin to acknowledge what everyone knows to be true.

* Confirmation hearings for Judge Brett Kavanaugh will begin on September 4, which means that Justice Brett Kavanaugh will likely be ready and raring to go for October Term 2018. [Politico]

* If and when Kavanaugh is confirmed to the Supreme Court, he’ll be able to fulfill his hoop dreams at “the highest court in the land.” Unfortunately, as his fellow players and coaches have confirmed, white men judges can’t jump. [Wall Street Journal]

* In the meantime, liberal activists seem to be struggling in their attempts to rally the troops to convince Republican senators (like Susan Collins, Lisa Murkowski, and Dean Heller) to vote “no” on Kavanaugh’s SCOTUS nomination. [New York Times]

* Remember when Rudy Giuliani spoke to George Stephanopoulos about President Trump’s conversation with James Comey on Michael Flynn? Giuliani doesn’t. In fact, he’s now saying Trump’s conversation with Comey never took place. [CNN]

* Partner Connie Bertram has settled her $50 million gender discrimination suit against Proskauer Rose. Details on their agreement aren’t available, but let’s hope that the labor and employment leader is getting what she’s due. [American Lawyer]

* If you want to attend the Manafort trial but have no idea what to do with your electronics, the Cafe Gallery deli across the street from the courthouse will hold onto everything for you for just $2 per item. [Washington Business Journal]

Treat opposing counsel with kindness and you may be surprised about what you receive in return.

* Is the Supreme Court about to take a right turn? With lengthy delays in issuing opinions and apparent infighting that’s leaked onto the bench during oral arguments, pundits think that the high court may soon become as “politically fractured as the rest of Washington.” [CNN]

* Speaking of SCOTUS, the justices spent an hour debating whether they should abandon the longstanding rule in Marks, which guides whose holding controls when the decision is split. [National Law Journal]

* New York, California, and several other states will sue to prevent the U.S. government from asking about citizenship status in the 2020 census whether people are citizens, contending that such a question could stop immigrants from participating and skew the makeup of Congress. [Reuters]

* Uber will pay $10 million to settle a discrimination class-action that was brought on behalf of hundreds of women and minority software engineers. [The Recorder]

* Remember the little boy who was decapitated while riding the world’s tallest water slide in 2016? The co-owner of the waterpark where it happened was arrested earlier this week and charged with second-degree murder. [New York Times]

IP lawyers once again see that the most important skill we can develop is the ability to help our clients settle their cases.

It's never too late go back to the beginning and meet face to face without outside counsel on hand.

We get paid to fight for people, but often the litigants should settle -- but only on terms they can live with (if not love).