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Posted January 8, 2018August 22, 2020

Insights

Confidentiality Can Be Taxing: Negotiating Tips to Help Protect Your Clients from Taxation of their Settlement

Confidentiality provisions in settlement agreements can often come back to haunt plaintiffs. As discussed in a previous post, an inadvertent breach of confidentiality could cost a plaintiff his/her settlement. Similarly, a confidentiality clause could result in tax liability for the plaintiff effectively reducing his/her recovery. In Amos v. Commissioner of Internal Revenue, T.C. Memo. 2003-329 […]

Posted December 20, 2017August 22, 2020

Insights

Loose Lips Sink Settlements or Why You Should Avoid Confidentiality Provisions

No plaintiff ever asks for a Confidentiality Provision to be part of their settlement agreement. That is a defense-driven device that could cost plaintiffs their settlements. Case in point —Gulliver Schools, Inc. et al. v. Patrick Snay, Third DCA Florida (February 26, 2014). In that case, Snay had been a Headmaster at Gulliver Schools, which […]

Posted December 12, 2017August 22, 2020

Insights

The Medicare Ruse: How Insurance Companies Use Medicare as a Delay Tactic in Litigation

As if it weren’t tough enough nowadays to settle lawsuits with insurance companies, now they are using the pretense that there may be a Medicare lien to delay paying you your settlement. Insurance companies are using several delaying tactics which leave plaintiffs’ attorneys and their clients in limbo waiting for settlement checks for as long […]

Posted December 5, 2017August 22, 2020

Insights

The Ethics of Using Lines of Credit to Pay for Litigation Costs

Personal injury attorneys often struggle with managing their cash flow because of the burden of paying litigation costs upfront while waiting for settlement checks to come in. Most plaintiffs’ attorneys feel like the fees they earn when they settle a case go to covering costs for their clients on the next case and there is […]

Posted November 28, 2017August 22, 2020

Insights

How to Deal with End of Year Delays in Getting Settlement Checks

Plaintiff attorneys who rely on settlement checks in order to pay their bills face a big problem at the end of the year. Property and Casualty insurance companies generally close their books on December 15th, which means that whatever is not settled by then gets paid in the following year. That leaves many law firms short […]

Posted November 27, 2017August 22, 2020

Insights

RapidFunds® expands legal funding business with key acquisition of American Asset Finance

RapidFunds® is pleased to announce that it has acquired the attorney funding business of American Asset Finance, LLC. In addition, Sherry L. Foley Esq., formerly CEO and General Counsel of American Asset has joined our firm as Director of Business Development. Sherry brings 20 years of experience in the legal funding business, and consistent with […]