In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct. Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so. In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers
In my post, Non-Apology Apologies, Part 2, I briefly described Wells Fargo’s acceptance of responsibility but refusal to apologize for its fraudulent practices in creating accounts without customers’ authorization. This post focuses on a point in a New York Times article that provides fascinating background relevant to lawyers, law professors, and law students. Top executives … Continue reading Non-Apology Apologies, Ethics, and Lawyers
As you may recall, it has been asserted in this space that “puffing sucks.” Now, a long article in the New York Times entitled, Donald Trump’s Deals Rely on Being Creative With the Truth, documents a long series of instances (including many negotiations) which it euphemistically calls being “creative” with the truth. (Query: if this … Continue reading Puffing About Puffing?