The litigation that you or your company has been embroiled with for years is finally settling, and the parties are now drafting General Releases, as is common in most settlements.
The Releases exchanged to end a litigation can really hurt you. Make sure that you explore all potential causes of action and current lawsuits to ensure that the Release that you are contemplating signing does not preclude you from other or additional claims, or lawsuits that you have, or could have brought in the future. A General Release will likely contain language which, waives your rights to pursue a remedy for any and all claims that you ever had, now have or will ever have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of time to the date of the execution of the Release against your adversary. Releases are not to be executed without pause and a hard look. We just saved our client a lot of heartache, time, and money by introducing an executed Release from a companion litigation. There was no carve-out or exception to what claims were not to be excluded from the release, and the court swiftly dismissed our adversaries lawsuit.
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