Thomas E L Dewey

October 30, 2012 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, examines the Second Circuit's decision in 'Wyly' and discusses the different inquiries surrounding counsel's performance in federal class actions and state malpractice cases.

By Thomas E.L. Dewey

11 minute read

January 29, 2013 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, writes that The majority and more recent rule in federal courts is that settlement agreements are to be treated like any other document, that is, that Rule 26's relevancy standard applies to the disclosure of settlement documents - even those expressly containing a confidentiality provision.

By Thomas E.L. Dewey

9 minute read

June 03, 2008 | Law.com

Arbitration of commercial disputes has become increasingly common, due in part to the widely held perception that arbitration is a less expensive and more expeditious method of dispute resolution. Recent court decisions, however, have underscored the fact that those perceived benefits come at a price, say attorneys Thomas E.L. Dewey and Kara Siegel. The net result: parties who agree to arbitrate their disputes should know that it will be very difficult to obtain relief from an erroneous arbitration award.

By Thomas E.L. Dewey and Kara Siegel

12 minute read

February 01, 2012 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, reviews significant recent decisions including three from state court that found at least a factual issue with regard to the good faith of a party in entering into a settlement agreement, and federal opinions upholding the good faith of settlement negotiations, but also providing amplification regarding some less-known aspects of the law in this area.

By Thomas E.L. Dewey

12 minute read

July 30, 2013 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, writes that the commissioners' rejection of the Harbinger settlement, coupled with its recent shift in policy regarding "neither admit nor deny" statements and the federal courts' heightened scrutiny over SEC settlements, suggests that litigants may have a tougher road to settlement than they have in the past.

By Thomas E.L. Dewey

9 minute read

September 20, 2011 | New York Law Journal

Thomas E.L. Dewey, a member of Dewey Pegno Kramarsky, writes that although older New York federal and state cases presented a number of possible resolutions, a few recent opinions have declared ambiguities in material terms of settlement agreements to be unresolvable. Even after considering the parol evidence, courts have tossed in the hat and declared the agreements to be unenforceable for failure of mutual assent.

By Thomas E.L. Dewey

11 minute read

May 23, 2011 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, writes: The question of when a settlement agreement creates enforceable obligations has, sadly but perhaps predictably, itself generated a significant amount of litigation. In particular, there are subtle but significant differences between the approach that New York state courts and New York federal courts have taken to these issues.

By Thomas E.L. Dewey

11 minute read