Individual Viewer

Getting to Yes, Practically & Ethically: Settlement agreements in Product Liability Cases

Length: 1 hour 35 minutes

With a focus on group and mass settlements, the Product Liability Committee will present a panel of experienced practitioners and jurists to discuss best practices in reaching an ethical settlement agreement.  Topics to be discussed include:  the ethical considerations regarding aggregate settlements, the use of settlement masters, and settlement agreement provisions relating to indemnification by plaintiffs (and their counsel), qualified settlement funds under the Treasury Regs, and limitations on counsel’s acceptance of additional cases.  

Program Chair: James Herschlein, Kaye Scholer LLP


6:00-6:05 pm    Introduction & Overview

6:05-6:20 pm    Aggregate Settlements and Rule 1.8(g)

6:20-6:35 pm    Wisdom/Pitfalls of Having a Special Master Make Allocations in a Group Settlement

6:35-6:50 pm    Whether to Mediate -- When and Before Whom?

6:50-7:05 pm    Use of a Qualified Settlement Fund under Treasury Reg. § 1.4668B-1

7:05-7:20 pm    Restrictions on Counsel’s Ability to Take New Cases and Rule 5.6(b)

7:20-7:35 pm    Plaintiffs or Counsel Indemnifying Defendants for Liens and Third-Party Claims

7:35-7:50 pm    Obligation to Return or Destroy All Discovery Materials

7:50-8:00 pm    Q&A

CLE credit:
NY: 2.0 total: 1.0 ethics & 1.0 professional practice
NJ: 2.3 total: 1.2 professional responsibility & 1.1 general MCLE
CA & PA: 1.5 total: 1.0 professional responsibility & 0.5 general MCLE

Original Recording Date: 4/24/2014

Produced By:

New York City Bar Association

Course Materials

  • Affirmation Document
  • Getting to Yes, Practically & Ethically