Resolution Strategies | A Monthly E-Newsletter


KNEE-JERK REACTION

For the past ten days, the country has been embroiled in debate on social media and elsewhere over yet another divisive issue, i.e., whether NFL players show disrespect for the flag, the military and the country if they “take a knee” during the National Anthem. Whatever your position may be, there are valuable lessons to be learned from the back story concerning the relationship between Colin Kaepernick and Nate Boyer, a story which many people have not yet heard.  

THE SOONER, THE BETTER

The judicious and timely use of Statutory Offers to Compromise, pursuant to CCP Section 998, can be an exceptionally powerful tool. But when is the best time to serve a 998 Offer? The simple answer — at least for plaintiffs in personal injury actions and defendants in matters in which the prevailing party has a right to recover attorney fees — is the sooner, the better.  

TENDER LOVING CARE

[The following is an updated version of the July 2012 edition of Resolution Strategies]

In multi-party disputes, a tender of defense can be an instant game-changer when it comes to assessing risk and developing a cost-effective resolution strategy. All too often, parties who may be contractually obligated to defend and indemnify another party fail to recognize that their duty to defend may arise immediately upon receipt of a proper tender and may exist whether or not there is a later finding that indemnity is owed.  

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