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Ethical Considerations and Best Practices for Navigating and Evaluating Litigation Settlements

(327 reviews)

Produced on December 17, 2020

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Course Information

Time 1h 30m
Difficulty Intermediate
Topics covered in this course: Ethics Litigation

Course Description

One of the biggest challenges facing clients and counsel today is navigating the settlement process during high-stakes, complex litigation and/or class actions. This course, presented by Wyatt Partners (a corporation that focuses exclusively on evaluating both legal spend and litigation settlements), will specifically focus on the applicable Rules of Professional Conduct and related case law analysis that attorneys must consider when valuing a settlement and determining whether to settle. 

The program delineates the applicable ethical rules and related case law, analyzes the factors outlined in same (particularly with regard to reasonableness). Based on this analysis, the faculty share what must be included in settlement agreements, who the necessary key players are, and what the required approvals are for settlements. This course will be of value to both law firms and corporations, and in-house and outside counsel, who will benefit greatly from such insights on a timely and evolving topic that affects everyone in today’s legal and business market. 



Learning Objectives:

  1. Identify the critical factors and risks to be considered when determining whether to settle, particularly as they relate to the applicable Rules of Professional Conduct (notably Rule 1.5(a)), related case law, and additional issues for consideration

  2. Based on this ethical analysis and other substantive considerations, discuss the identification and necessary involvement of key players in the process; necessary content; and parameters of the ultimate Settlement Agreement

  3. Discuss the process for approvals of the settlement; potential impact of insurance coverage on the settlement; and potential for payment of reasonable attorneys’ fees/costs when evaluated under the Rules of Professional Conduct

  4. Identify and evaluate other values that may impact the value of the settlement, relating to both ethical and other considerations

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Lindsay H. Tasher

Wyatt Partners

Lindsay H. Tasher is Managing Director at Wyatt Partners, where she focuses her time on attorney fee expert witness work, advising major corporations and law firms on the development of litigation budget programs and billing guidelines, and assessing and evaluating the reasonableness of attorney’s fees in complex litigation in federal and state court throughout the United States. Prior to her work with Wyatt, Lindsay was in private practice in two law firms – one in New York and one in New Jersey. She handled all types of civil litigation, with an emphasis on aviation mass-tort law and wrongful death/personal injury claims against airlines and their insurers. She also gained experience in product liability and asbestos defense litigation, as well as various commercial claims under both New York and Jersey state and federal law, including claims for breach of contract, fraud, negligence, and breach of fiduciary duty.

Lindsay received her undergraduate degree in English from Princeton University in 2000 and her law degree from The George Washington University Law School in 2005. She currently serves on the board of Cancer Hope Network as co-chair of the Marketing Committee and Golf Committees (and, for several years, served as General Counsel), a not-for-profit organization that provides free and one-on-one support to cancer patients and their families.

Lindsay also served several terms on the George Washington University Law School Alumni Association Executive Board of Directors, and currently serves as Chair of the Barrister’s Society.



Samuel L. Tasher

Wyatt Partners

Samuel L. Tasher is Managing Director at Wyatt Partners. In this capacity, Samuel provides expert analysis and opinions on the reasonableness of attorneys’ fees in complex litigation around the world, and serves as an advisor to major corporations and law firms on the development and implementation of billing guidelines and other tools to manage their legal spend. Samuel also serves as the General Counsel of Cloud X Partners, LLC (a cloud technology company), for which he manages its legal matters and supervises its outside counsel for litigation and corporate governance. Samuel is also a frequent lecturer on legal ethics and attorneys’ fees around the country. Samuel received his A.B. (cum laude), J.D., and LL.M. from Duke University.

While at Duke, Samuel spent several years working for Duke University’s Athletics Department in various capacities, including the Compliance Office and Legal Department. Samuel spent a summer in the legal department of the New York Yankees. Samuel is licensed to practice law in New York, New Jersey, and the District of Columbia.



Steven A. Tasher

Wyatt Partners

Steven A. Tasher is one of the nation’s leading experts on legal fee matters. He is the Chief Executive Officer of Wyatt Partners, a multi-faceted legal services company. As CEO, he serves as an expert, assessing and evaluating the reasonableness of attorneys' fees and expenses in complex litigation in federal and state courts throughout the United States and as an advisor to major corporations and law firms on the development and implementation of billing guidelines, litigation budget and bill review programs. His entire legal career has focused around the handling and supervision of major litigation throughout the world.

Before launching Wyatt Partners, Steven served as Vice President and Associate General Counsel of Wyeth and as Senior Vice President of its pharmaceutical division. His responsibilities included the supervision of five global operating departments of the company as well as supervision of the company’s major litigation.

Prior to Wyeth, he was a partner in two major international law firms, Donovan Leisure Newton & Irvine and Willkie Farr & Gallagher, an in-house counsel for the DuPont Company and Deputy Attorney General for the State of New Jersey where he handled major litigation and appellate matters and served as Chief Counsel to four cabinet officers.

Steven currently sits on the boards of several corporate, philanthropic and academic institutions and is an adjunct faculty member at the New Jersey Institute of Technology. His educational background includes a B.A. degree with honors from Rutgers University and a J.D. degree with honors from the George Washington University Law School.



Reviews

RM
Raymundo M.

Great Class

JF
John F.

Good course.

JH
James H.

Very informative. All gave detailed, enjoyable and good humored presentations.

CT
Clarisse T.

There were some audio disruptions, but otherwise, very good course.

MB
mark b.

Very well presented. Organized, clear and easy to understand.

RB
Robert B.

I am making the end of the year "binge watch" to get my CLE's in. I did this one because it was recent. I have to say it was EXCELLENT! I really enjoyed it and learned alot. Which, come to think of it, is why we do CLE's! I would definitely call these folks next time i am settling a hight stakes deal. They seem awesome. I hope they get this feedback.

MF
Mary F.

Thought-provoking!

MB
Michael A. B.

Comprehensive and interesting.

TP
Todd P.

Informative, illustrative, well-organized. Thank you.

JB
Jessica B.

Good coverage of the topic

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