Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comKey Contacts
Back
What Can Businesses Learn from Deflategate?
According to media reports, settlement talks between the National Football League and New England Patriots quarterback Tom Brady have stalled. With the start of the football season just weeks away, neither side appears willing to budge.
Brady is reportedly unwilling to acknowledge that there is any veracity to the now infamous Well Report, while the NFL appears to be adamant that Brady admits to the report’s findings. As the deadline for settlement approaches, both Brady and the NFL will have to decide if it is better to put the dispute in the rearview or continue with the court process.
For New York and New Jersey businesses facing litigation, the decision to pursue settlement talks or proceed to trial is often similarly complex. Much like the Deflategate parties, businesses and their attorneys must work together to analyze the advantages and disadvantages of both avenues and decide together which is most beneficial.
Key considerations:
The Big Picture: In the midst of litigation, it is easy to lose sight of the big picture. Clients should ask themselves how they will feel about the matter in six months. Is the matter best put into history as resolved, so that the client can move forward with more productive uses of time and money?
Making Concessions: In order for settlement talks to be successful, both parties must be willing to make concessions. If either party’s demands are unreasonable or not supported by the facts, there will be little to no chance of a settlement.
Controlling the Outcome: Settlements allow the parties to reach a resolution in which each side receives something of value. If the parties cannot reach a settlement, a third party will decide the dispute without their input and one side may be the clear “loser.” While settlement terms can be creative, courts are generally bound by statutes and legal precedent.
Confidentiality Concerns: Settlement agreements can generally be written to ensure that the terms are kept out of the public spotlight. Meanwhile, court documents are typically public records.
For football fans that are growing weary of Deflategate, there is still hope the dispute will be resolved soon. After all, approximately 95 percent of civil lawsuits are resolved via negotiated settlements.
- Practices: Corporate Transactions & Business, Litigation, Commercial Litigation - Business Litigation Attorney
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities
On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
Common Legal Mistakes NYC and New Jersey Business Owners Make
Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher
What Founders Can Learn From Start-up Suits
High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher
Corporate Governance Reviews: A Practical Guide for New Jersey Companies
Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights
Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities
Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.