Dan Brecher
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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.
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