Leveraging Rule 68 Offers of Judgment in Settlement Negotiations

Inducing Favorable Settlements, Avoiding Potential Pitfalls, Shifting Attorneys' Fees

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, November 24, 2020

Recorded event now available

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Program Materials

This CLE webinar will analyze Rule 68 offers of judgment and how they may induce settlement. The program will discuss the mechanics of the rule, strategic considerations defendants must consider in light of the consequences of making the offer, and factors for plaintiffs to contemplate in considering rejecting the offer. The panel will provide updates on the legacy of Campbell-Ewald Co. v. Gomez, in which the U.S. Supreme Court held that an unaccepted settlement offer or offer of judgment does not moot a plaintiff's case.

Description

Used effectively, Rule 68 gives defendants a powerful but often overlooked and underestimated tool to achieve a favorable settlement.

Rule 68 allows a defendant to make a pre-trial offer of judgment on specified terms, and permits the defendant to recover all its post-offer costs from the plaintiff if the offer is rejected and the ultimate judgment is less favorable than the defendant's initial Rule 68 offer. Managed correctly, the rule also cuts off the plainitff's ability to recover costs.

Defense counsel must understand the strategies and best practices for drafting a Rule 68 offer of judgment, the optimal timing for making an offer, and the potential pitfalls. Both the timing and the wording of the offer of judgment are critical.

Listen as our authoritative panel of experienced litigators discusses how defendants can leverage Rule 68 offers of judgment to put settlement pressure on the plaintiff, consequences of making an offer, considerations for the plaintiff in rejecting the offer, and the application of an offer of judgment in class action litigation in light of the Supreme Court's ruling in Campbell-Ewald Co. v. Gomez.

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Outline

  1. Analysis of FRCP Rule 68 offers of judgment
  2. Negotiating strategies and tactics
  3. Taxable costs, attorney fees, and interest
  4. Jurisdictional differences
  5. Use in class action litigation post Campbell-Ewald Co. v. Gomez

Benefits

The panel will review these and other key issues:

  • Strategic advantages of a Rule 68 offer of judgment for defendants
  • Best practices for drafting effective offers of judgment
  • Plaintiff considerations when accepting or rejecting an offer of judgment
  • The impact of the Supreme Court's ruling in Campbell-Ewald Co. v. Gomez
  • Lessons from recent cases involving Rule 68

Faculty

Duncan, Charles
Charles Duncan
Senior Attorney
Robert Bosch

Mr. Duncan is a Senior Patent Litigation Attorney with Robert Bosch LLC in Farmington Hills, Michigan. After graduating...  |  Read More

Lavenue, Lionel
Lionel M. Lavenue

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Lavenue’s practice focuses on patent trial litigation, including 19 bench or jury trials, and on creating and...  |  Read More

Taylor, Sarah
Sarah Taylor
Chief Litigation Counsel
Robert Bosch

Ms. Taylor is Chief Litigation Counsel, Intellectual Property with Robert Bosch LLC in Oakbrook Terrace, Illinois,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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