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Labor/Employment

Mar. 27, 2010

Responding to 'the Nibble' In a Wage and Hour Context

Max Factor III of PMA and Scott Van Soye of Kane Ballmer & Berkman say, when a small demand is made to better one party's bargain after a deal is made, there are several good responses.

By Max Factor III and Scott Van Soye

Tom, Esq. was tired. It'd been a long day, as the mediation participants finally reached agreement at 8:30 p.m. He had the foresight to bring a proposed settlement agreement on a thumb drive, so that Tom and Jerry, Esq., plaintiff's counsel, could work collegially in writing up "The Deal."

The Deal, which would be subject to court approval, had seven substantive provisions: gross settlement of $400,000; a reasonably ...

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