Leveraging Rule 68 Offers of Judgment in Settlement Negotiations: Inducing Favorable Settlements, Avoiding Potential Pitfalls

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

Conducted on Tuesday, September 20, 2016

Recorded event now available

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Program Materials

This CLE webinar will analyze Rule 68 offers of judgment, how defense counsel can leverage the rule to induce settlement, issues and consequences of making the offer, and considerations for plaintiffs in rejecting the offer. The panel will also discuss Rule 68 as a tool in class action suits after the Supreme Court’s ruling in Campbell-Ewald Co. v. Gomez.


An often overlooked settlement strategy, the FRCP 68 offer of judgment is a defense tool that can be effective in pressuring plaintiffs to settle. A plaintiff who rejects a Rule 68 offer is liable for post-offer costs if he recovers less than the offer at trial.

Defense counsel must understand best practices in drafting a Rule 68 offer of judgment and its potential pitfalls. A well-crafted offer can shift litigation costs to the plaintiff. Where a plaintiff succeeds below the offer amount, a solid Rule 68 offer can cut off a plaintiff’s right to recover fees.

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 after the Supreme Court’s ruling in Campbell-Ewald Co. v. Gomez.



  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


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


Evan Mandel
Evan Mandel

Mandel Bhandari

Mr. Mandel's clients include both plaintiffs and defendants in a wide variety of civil suits, including...  |  Read More

Andrew J. Marnach
Andrew J. Marnach

McCollum Crowley Moschet Miller & Laak

Mr. Marnach focuses his practice on complex tort litigation and construction law. He represents business owners,...  |  Read More

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