Settlement and Negotiations - The Limitations of Rule 408 and How to Protect Yourself

Rule 408 of the Federal Rules of Evidence generally prohibits the admission of settlement offers and negotiations as evidence of the validity or invalidity of a claim in litigation. However, Rule 408 is not a blanket prohibition on the admissibility of such evidence, and there are a few notable exceptions to its coverage. Attorneys who assume that any materials marked “for settlement purposes only" are covered by the rule do so at their and their clients' peril.

On March 12, please join attorneys Ahmed Davis and Taylor Burgener for a discussion of the contours of Rule 408. Our hosts will cover the following topics and more:

• Rule 408 and what it covers
• The admissibility of negotiations, discussions, and common interest agreements, including cases defining the scope of admissibility
• When and to what extent such items are discoverable, including how different courts treat discovery requests seeking them
• Strategies to avoid admission or discovery of such items
• How to reach a resolution without creating future problems

We hope you will join us!

If you have any questions, please contact [email protected].

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