Leveraging Rule 68 Offers of Judgment in Settlement Negotiations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, May 14, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course 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.
Faculty

Mr. Berkowitz is an experienced civil litigator with significant class action experience who represents businesses and professionals in complex disputes. At the trial and appellate levels, he has successfully defended clients in shareholder derivative suits, trademark infringement claims, breach of contract and negligence suits. Mr. Berkowitz also has successfully defended clients accused of violating Federal & State Consumer Protection Acts, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Americans with Disabilities Act.

Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends clients in construction accidents, professional malpractice claims, and personal injury matters. Mr. Steele litigates and arbitrates coverage cases involving construction mishaps, professional liability claims, uninsured/underinsured motorist policy provisions, subrogation claims, third-party additional-insured disputes, lead paint exclusions, and “other insurance” provisions.

Ms. Calamia is a member of the Labor & Employment practice group. She represents individuals in arbitrations, administrative proceedings and state and federal litigation in all manner of employment disputes including wage and hour claims, allegations of discrimination, retaliation, hostile work environment and sexual harassment. Ms. Calamia also advises employers on compliance with multi-state employment policies, industry-specific regulations and compliance with all federal, state and local employment laws. In addition to her practice, Ms. Calamia serves as an adjunct professor at Hofstra University School of Law where she teaches students advanced appellate advocacy skills. She has also spoken on panels and given CLEs on general litigation practices, as well as employment and civil rights-related topics.
Description
When 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 of 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 plaintiff'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, the 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.
Outline
- Analysis of FRCP Rule 68 offers of judgment
- Negotiating strategies and tactics
- Taxable costs, attorney fees, and interest
- Jurisdictional differences
- Use in class action litigation
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
- Lessons from recent cases involving Rule 68
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