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With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives.
All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.
From renowned environmental and natural resource legal scholar Christine Klein, Property: Cases, Problems, and Skills is a comprehensive casebook that combines the core, doctrinal elements of a 1L Property course with larger, more nuanced social, environmental, and ethical perspectives. This book offers a versatile, middle position in the Property market: it is straightforward and tightly-organized while also avoiding oversimplification. Property: Cases, Problems, and Skills offers a wealth of doctrinal, policy, and theoretical subtleties for professors who want to probe deeper. It adopts a modern, skills-based approach to Property Law, and includes a balance of classic and new cases, narrowly-focused skills exercises (including advocacy, drafting, client interviewing/counseling, and negotiation), and selected statutory excerpts. Chapter review problems (with answers provided in the Appendix for student self-testing) and a host of other pedagogical features such as discussion problems that raise novel and modern challenges, “A Place to Start” doctrinal overview boxes, and “Reading Guide” boxes, aid student understanding and comprehension. A two-color interior breaks up text for easier reading, with judicious use of photographs, text boxes, and pedagogical diagrams. This clear and accessible casebook encourages students to engage with Property law’s complexity, ambiguity, and nuance. New to the Second Edition: New Cases including: Maui Electric Co., 408 P.3d 1 (Haw. 2017): Adopting a state constitutional property right to a clean and healthful environment Adams v. Woodlands of Nashua, 864 A.2d 322 (N.H. 2005): Distinguishing covenant of quiet enjoyment from implied warranty of habitability Obergefell v. Hodges, 135 S. Ct. 2584 (2015): Holding the right to marry is a fundamental right inherent in the liberty of the person, and highlighting numerous property rights and protections available to spouses under state marital property systems In re Estate of Hanau (730 S.W.2d 663 (Tex. 1987): Introducing complexity of marital property systems in the context of spouses migrating from one state to another Restatement (Third) of Property, Servitudes: Stand-alone Restatement excerpt Styller v. Aylward (Mass. Land Ct. 2018): Considering whether short-term rentals, such as Airbnb, violate single-family zoning restrictions Murr v. Wisconsin, 137 S. Ct. 1933 (2017): Refining analysis of the “denominator issue” in a regulatory taking case involving a wild and scenic river Professors and students will benefit from: Tightly and clearly organized text, both substantively and visually, with a balance of new and classic cases A shorter page count than other Property casebooks that allows it to focus on the core, doctrinal aspects of Property law Visual aids including maps, diagrams, and photographs Text that clearly identifies the majority/minority/trend status of each rule, as relevant Chapter Reviews include concise post-case notes, multiple choice and essay questions (with answers in the Appendix), and “Bringing it Home” statutory practice (guiding students in researching their state’s statutory coverage of selected topics likely to be regulated by statute) “Reading Guide” boxes preceding cases to guide the students in extracting contextual meaning from cases A skills exercise in each chapter provides in-depth opportunities for students to develop skills related to the substantive material covered in the chapter A discussion problem in each chapter provides a rich factual context to facilitate further exploration of law and policy as applied to fresh, modern contexts Post-case notes include “Practice Pointers” asking students to re-draft ambiguous language in documents that precipitated litigation, to explore alternatives to litigation, and to advise clients on litigation strategy Notes on “The Place” convey background about the geographic location of the disputed property, designed to remind students that legal disputes can be influenced by physical and human context Relevant statutory and Restatement excerpts are collected and presented in one location within the chapter (rather than scattered in snippets throughout). Periodic statutory excerpts and exercises introduce students to the interplay of common law and statutory law “Test Your Understanding” sections contain problems that the professor can work through during class (with answers in the teacher’s manual), or that can be left to the students for self-directed learning