Program Details
2026-09-30 13:00:00
Over 1,000+ webinars
Course Overview
2026-09-30 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 2:00 pm ESTThis session examines the ethical and legal boundaries governing attorney statements in settlement negotiations, focusing on the line between permissible puffery and actionable misrepresentation under Model Rule 4.1, Rule 8.4(c), and ABA Formal Opinions 06-439 and 518. Attorneys will learn which categories of statements qualify for the negotiation-convention safe harbor under Comment [2], which statements cross into material misrepresentation, and how the half-truth doctrine and omission-based liability expand exposure beyond affirmative falsehoods. Attendees will leave with a working taxonomy of permissible, gray-zone, and impermissible statements they can apply immediately to their own negotiation and settlement practice.
Barry Temkin
John B. Harris 2:10 pm - 3:10 pm ESTThis session equips attorneys with a practical framework for identifying deception during settlement negotiations and mediation, challenging fraudulent agreements after execution, and drafting defensive provisions that reduce exposure from the outset. Attendees will examine the evidentiary and procedural requirements for setting aside settlements obtained by fraud, the state-by-state landscape of mediation confidentiality exceptions, and the full menu of post-settlement remedies including FRCP 60(b)(3) motions, rescission, and direct tort claims. Attorneys leave with specific detection techniques, defensive drafting strategies, and an understanding of the ethical enforcement mechanisms available when opposing counsel crosses the line.
Barry TemkinJohn B. HarrisBarry Temkin is a partner at Mound Cotton. He is a litigator with extensive trial experience, having tried over fifty jury trials to verdict. He has also litigated numerous arbitrations, including securities, commercial and employment disputes. Barry also represents lawyers and law firms in professional responsibility matters, including conflicts, sanction proceedings, fee disputes, legal malpractice cases and proceedings before the attorney grievance committee.
John B. Harris is a litigation partner with the New York City law firm of Frankfurt Kurnit Klein & Selz, P.C. He has more than 35 years’ experience representing clients in civil and white collar criminal matters, with a current focus is on the representation of lawyers and law firms.
Barry Temkin is a partner at Mound Cotton. He is a litigator with extensive trial experience, having tried over fifty jury trials to verdict. He has also litigated numerous arbitrations, including securities, commercial and employment disputes. Barry also represents lawyers and law firms in professional responsibility matters, including conflicts, sanction proceedings, fee disputes, legal malpractice cases and proceedings before the attorney grievance committee.
John B. Harris is a litigation partner with the New York City law firm of Frankfurt Kurnit Klein & Selz, P.C. He has more than 35 years’ experience representing clients in civil and white collar criminal matters, with a current focus is on the representation of lawyers and law firms.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
