Does a California Lawyer Have to Convey All Settlement Offers to the Client?
7/31/19
By: Greg Fayard Not necessarily. Under Rule 1.4.1 of the ethics rules for California lawyers, in criminal matters, all terms and conditions of plea bargains or other dispositive offers, whether written or oral, have to be communicated to the client promptly. In non-criminal matters, all WRITTEN offers have to be promptly communicated. But what about…
#MeToo Movement Leads to New California Laws
10/9/18
By: Gretchen Carner California Governor Jerry Brown signed into law several work-related bills that will make it easier for workers to speak out about and sue over workplace sexual harassment. The new laws codify a broader definition of sexual harassment that will make it easier for workers to bring and sustain harassment allegations in California…
Insuring Against Rule 68 Offers of Settlement
6/28/18
By: Matt Grattan One tool defense lawyers in Georgia frequently use to induce settlements is an offer of settlement under O.C.G.A. 9-11-68. Rule 68 allows either party to a tort action to serve a written offer to settle the claim, so long as the offer is made within a certain time and satisfies several other…
FINRA Increases Penalties For Brokers’ Bad Behavior
5/8/18
By: Ted Peters In further response to mounting pressure for securities regulators to exert greater control over problem brokers, the Financial Industry Regulatory Authority (“FINRA”) released Regulatory Notice 18-17 on May 2, 2018. FINRA has long maintained a “rulebook” of sorts to guide adjudicators in disciplinary proceedings when addressing the propriety and scope of sanctions…
FDIC Publicizes Failed Bank Settlements
3/28/13
By: Kelly Morrison In an apparent response to criticism for their lack of transparency, the FDIC has published dozens of settlement agreements arising out of the now 106 lawsuits the agency has filed against failed banks. The FDIC has indicated that it will post additional settlement information by March 31. These settlement agreements provide valuable…