Settlement Agreements: Clauses That Don’t Belong, and Ethical Considerations


CLE credits earned: 0.5 GENERAL / 1 ETHICS (or 0.5 LAW & LEGAL / 1 ETHICS for WA state)

The presentation will focus on provisions which should be banned from Settlement Agreements, including Non-Disparagement Provisions, Binding Cooperation/Communication Provisions, Confidentiality Provisions Amounting to Gag Orders, and Over Broad Releases.

Key topics to be discussed:

•   Purposes of the Civil Justice System
•   Provisions Which Should Not Be Proposed in Settlement Agreements
•   Ethical Considerations
•   Best Practices

Date / Time: April 21, 2020

•   2:00 pm – 3:30 pm Eastern
•   1:00 pm – 2:30 pm Central
•   12:00 pm – 1:30 pm Mountain
•   11:00 am – 12:30 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
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Original Broadcast Date: April 30, 2019

James C. Sturdevant, Esq. is the principal of The Sturdevant Law Firm, Inc., in San Rafael, California. He and his firm represent plaintiffs in class and individual actions involving consumer protection, financial services pricing and fraud, predatory lending and deposit banking, fraudulent mortgage practices, employment discrimination, wage and hour, disability discrimination, Title IX and other unlawful, unfair and fraudulent business acts and practice cases. He has been in practice for more than forty-five years.

Lori E. Andrus, Esq. is a founding partner of Andrus Anderson LLP, based in San Francisco, California. Ms. Andrus specializes in class actions and complex litigation, encompassing a wide range of subject matter, including wage and hour cases. In recent years, Ms. Andrus has focused her practice on equal pay cases. The National Law Journal named Ms. Andrus as one of the nation’s 75 “Outstanding Women Lawyers.” Ms. Andrus graduated with honors from Duke University School of Law.

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Section I. Purposes of the Civil Justice System

Section II. Provisions Which Should Not Be Proposed in Settlement Agreements
a) Confidentiality Clauses Tantamount to Gag Orders (discussion of what is appropriate an inappropriate)
b) Non-Disparagement Clauses (where to draw the line)
c) Prohibition on Participation in Other Lawsuits Against Defendant
d) Overly Broad Release Language

Section III. Ethical Considerations and Best Practices