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The Settlement Privilege and the Threat of Legal Action

Part One of this article considers the issue of when a threat to litigate encased by a settlement demand raises the specter of extortion, and the extent to which a potentially extortionate settlement communication should be outside the scope of the privilege.

12 minute read September 01, 2014 at 01:48 PM
By
Stanley S. Arkin And Lisa C. Solbakken
The Settlement Privilege and the Threat of Legal Action

Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege?

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