Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comKey Contacts
Back
What Can Businesses Learn from Deflategate?
According to media reports, settlement talks between the National Football League and New England Patriots quarterback Tom Brady have stalled. With the start of the football season just weeks away, neither side appears willing to budge.
Brady is reportedly unwilling to acknowledge that there is any veracity to the now infamous Well Report, while the NFL appears to be adamant that Brady admits to the report’s findings. As the deadline for settlement approaches, both Brady and the NFL will have to decide if it is better to put the dispute in the rearview or continue with the court process.
For New York and New Jersey businesses facing litigation, the decision to pursue settlement talks or proceed to trial is often similarly complex. Much like the Deflategate parties, businesses and their attorneys must work together to analyze the advantages and disadvantages of both avenues and decide together which is most beneficial.
Key considerations:
The Big Picture: In the midst of litigation, it is easy to lose sight of the big picture. Clients should ask themselves how they will feel about the matter in six months. Is the matter best put into history as resolved, so that the client can move forward with more productive uses of time and money?
Making Concessions: In order for settlement talks to be successful, both parties must be willing to make concessions. If either party’s demands are unreasonable or not supported by the facts, there will be little to no chance of a settlement.
Controlling the Outcome: Settlements allow the parties to reach a resolution in which each side receives something of value. If the parties cannot reach a settlement, a third party will decide the dispute without their input and one side may be the clear “loser.” While settlement terms can be creative, courts are generally bound by statutes and legal precedent.
Confidentiality Concerns: Settlement agreements can generally be written to ensure that the terms are kept out of the public spotlight. Meanwhile, court documents are typically public records.
For football fans that are growing weary of Deflategate, there is still hope the dispute will be resolved soon. After all, approximately 95 percent of civil lawsuits are resolved via negotiated settlements.
- Practices: Corporate Transactions & Business, Litigation, Commercial Litigation - Business Litigation Attorney
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Crypto Investor Protection: SEC and CFTC Enforcement Trends
Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters
A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program, enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]
Author: Michael J. Sheppeard
A Simple Guide to Industry Roll-Up Acquisitions
When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]
Author: Dan Brecher
Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition
The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]
Author: Michael J. Sheppeard
Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance
Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]
Author: Bryce S. Robins
Don’t Overlook the Importance of Business License Management
If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.