Settlement Agreement Research Articles

Pennsylvania invests $2 million in OUD prevention

Last week the Pennsylvania Department of Drug and Alcohol Programs (DDAP) announced the availability of $2 million in funding to implement community‐based prevention services throughout the state to prevent opioid use disorder (OUD). Funding for these grants is provided from the Mallinckrodt Opioid Settlement, which was the result of a multistate investigation spearheaded by then‐Attorney General Josh Shapiro that led to billions in settlement agreements with opioid manufacturers and distributors. Shapiro is now governor.

Keep Title IX compliance in mind when revenue‐sharing with student‐athletes

The NCAA, together with the Power Conferences, settled a series of federal antitrust lawsuits this past May by agreeing to establish a pay‐for‐play system for its Division I student‐athletes. This new financial structure requires that colleges and universities share 20–22% of their athletics department revenue with their student‐athletes, capped at $20 million per year. No part of the proposed settlement agreement addresses, however, how this new financial model would impact gender equity, which is noteworthy because of the ongoing debate as to whether Title IX applies to issues surrounding compensation.

“Reviving Old Tricks in New Tobacco Marketing: Presence of e-Cigarette Brand Names on Merchandise Promoted by Influencers on Social Media.”

Background Tobacco brand sharing or brand stretching involves the placement of tobacco brand names, logos, or other distinctive elements of tobacco brands, on nontobacco products, e.g., merchandize, such as clothing, sunglasses, or sporting goods. The Tobacco Master Settlement Agreement (MSA) imposed major restrictions on tobacco company marketing practices in 1999, including banning the sale and distribution of merchandize with combustible cigarette or smokeless tobacco brand names or logos. However, the MSA does not include restrictions on e-cigarette marketing, as these products were not yet on the market at the time of the settlement. Exposure to or use of e-cigarette branded merchandize advertised on social media could contribute to normalization of e-cigarette use by youth. Methods We estimated the prevalence of merchandize (e.g., t-shirts, caps, and key chains) with e-cigarette brand names or logos in 2000 TikTok videos (2021–2022) that featured U.S. and international micro-influencers (content creators with about 10,000–100,000 followers) who promoted e-cigarettes on behalf of e-cigarette brands. Results Of 152 (8%) promotional videos had merchandize with e-cigarette brand names or logos. Of 125 (6%) featured micro-influencers wearing branded clothing items, i.e., t-shirts, caps, beanies, hoodies, and sweatshirts; and 27 (2%) featured influencers wearing or showing branded accessories, i.e., face masks, stickers, pins, mugs, car air fresheners, lanyards, and key chains. Conclusions Tobacco control authorities should consider adopting provisions banning the sale, distribution, and direct (e.g., by e-cigarette brands) or indirect (e.g., by influencers) advertising of merchandize bearing e-cigarette brand names or logos.

A SETTLEMENT AGREEMENT IN ECONOMIC PROCEEDINGS

The article examines a settlement agreement as one of conciliation procedures in economic proceedings. For reconciliation, the parties must take active joint actions to achieve a result. It was revealed that the procedure for the reconciliation of the parties and the content of the settlement agreement are not and cannot be established by the current procedural legislation, since it is actually a negotiation process that is impractical to regulate in detail. However, the draft settlement agreement as a result of joint efforts is submitted to the court for further approval, and approval is not a formal, automatic act of the court. Domestic procedural codes are analyzed and it is proven that the grounds for a judge’s refusal to approve a settlement agreement are clearly established by the procedural law, but are not identical in different laws. It is proposed to supplement Article 192 of the Economic Procedural Code of Ukraine with such reasons for refusing to approve a settlement agreement as "the terms of the agreement do not meet the interests of society" and “there are reasonable grounds to believe that the conclusion of the agreement was not voluntary, or the parties have not reconciled”. The author agrees with the position that the parties to the settlement agreement should reach a compromise on all important substantative legal issues that belong to the subject of the dispute and can be implemented by the participants in the case. On the other hand procedural issues cannot be a part of the settlement agreement. It is proposed to highlight the following positive features of the settlement agreement: 1) the settlement agreement allows the parties to resolve the conflict without a lengthy court process, saving time and resources of business and the judicial system; 2) the settlement agreement gives the parties the opportunity to go beyond the requirements and independently choose the terms of dispute resolution; 3) resolving the dispute through an settlement agreement contributes to maintaining good business relations between the parties; 4) settlement agreements reduce the burden on the judicial system; 5) the use of settlement agreements by Ukrainian business entities increases the competitiveness of the Ukrainian business environment in the world. The task of the court is to prevent abuses in the process of concluding a settlement agreement and the infringement of the interests of the parties as well as other persons.

New approaches to the implementation of supervisory powers in capital markets and organized commodity markets

The article analyzes new mechanisms and measures of influence on supervisory entities in capital markets and organized commodity markets. A general positive assessment is given to the innovations related to the introduction of more flexible tools for adjusting the state of stock and organized commodity markets, as well as the expansion of the powers of the National Securities and Stock Market Commission (NSSMC), while simultaneously strengthening the legal guarantees of the rights of supervised entities. Attention is paid to changes regarding the inclusion of individuals as subjects of responsibility under this law, clearer delineation of the scope of supervised entities, and significant expansion of the rights of supervised entities by utilizing the best practices of regulating procedural relations between the supervisory body and the supervised entity. The article also explores the deepening regulation of communicative connections between these entities and the procedures for implementing supervisory measures. Attention is given to preventive measures for violations, such as «recommendations by inspectors» and «requests for the adoption of measures.» The article analyzes new forms of implementing supervisory powers and measures of influence on supervised entities, as well as new mechanisms for their implementation that were not previously known in domestic practice. The legal significance of «public warnings» is highlighted, and a legal evaluation of «settlement agreements regarding the consequences of violating sectoral legislation» is provided as an alternative to administrative enforcement measures. According to the authors, concluding such an agreement cannot be considered as a discretionary power of the NSSMC but rather a right of the supervised entity. Conclusions are made regarding the compliance of the introduction of «controlled services» with the IOSCO principle. Taking into account the guarantees of the rights of supervised entities, as stipulated in Article 35 of the Law of Ukraine «On Amendments to the Law of Ukraine ‘On State Regulation of Capital Markets and Organized Commodity Markets’ and Some Other Legislative Acts of Ukraine on Improving State Regulation and Supervision in Capital Markets and Organized Commodity Markets» of February 22, 2024, No. 3585-IX (hereinafter referred to as Law No. 3585-IX). The article defines the functional purpose of legislative restrictions on financial sanctions against supervised entities - legal entities, which, in the authors’ view, aim to prevent their economic destruction and the disruption of economic ties in the respective market. In conclusion, the changes introduced as a result of the adoption of Law No. 3585-IX are expected to positively impact the relationship between the regulator and market participants. The innovations in the practice of legal regulation of relations between the regulator and supervised entities deserve to be extended to other similar areas of state control and supervision.

The Legal Handling of Digital Accessibility: a Comparison of Evaluation and Policy Approaches in Federal-Level Cases in Brazil and the United States

Countries in the Global South still have less well-established procedures and resources to enact public policies and surveillance of digital accessibility. This paper presents a comparative study on the legal handling of digital accessibility in one country in the Global North and one in the Global South – the United States and Brazil. The study analyzed federal-level procedures handled by government surveillance bodies concerning public and private organizations, involving 26 cases in Brazil and 124 in the United States. The results showed that most cases in Brazil were finalized based on automated accessibility evaluations and with little evidence of long-term actions for sustained accessibility. All cases analyzed from the United States resulted in settlement agreements leading to medium to long-term initiatives, which covered continuous verification of conformance to accessibility standards and, in many cases, demanded inspections by accessibility specialists and tests with users with disabilities. The paper discusses the implications of including effective accessibility evaluation methods and long-term solutions in legal cases.

Защита субъективных гражданских прав и законных интересов военнослужащих Вооруженных Сил Российской Федерации

The article is devoted to the procedural features of the consideration and resolution by courts of general jurisdiction of civil cases on the protection of the rights and interests of military personnel of the Armed Forces of the Russian Federation. The author proves that legal relations associated with military service, regardless of the grounds for their occurrence, are characterized by the prevalence of public law, and the object of judicial protection in the cases under consideration is public (state) interest, and therefore the possibility of conclusion by those participating in them is rejected parties to settlement agreements, indicates other procedural features of their consideration.

Regarding the application of the terms «peace agreement», «аgreement on conciliation», «conciliation statement» in national procedural legislation

This article is devoted to the study of the application of the terms «peace agreement», « аgreement on conciliation «, «conciliation statement» in the procedural legislation of Ukraine. This study was conducted from the point of view of the content of these terms. At the same time, the etymological meaning of each term, its origin and meaning was studied. In addition, the study of the topic was carried out taking into account the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. Thus, in the ECtHR, it is also possible to apply the conciliation procedure through the conclusion of a relevant agreement by the parties to the case. The procedure itself and the document submitted to the court is called «friendly settlement». The use of the same term for the same legal institutions and phenomena is of great importance for legal understanding and law enforcement. In addition, when defining a term, not only the correspondence of the term itself to its meaning is important, but also the emotional coloring. That is why, in the course of the study, it was concluded that the term used in the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is inappropriate. This is due to the fact that the subject matter of the case in court can only be part of a larger conflict that exists between the parties and will not be exhausted after the court approves the terms of the settlement agreement. And the use of the term «аgreement on conciliation» is considered more appropriate. The prefix «pri-» in the word means approximation, joining, incomplete action or sign. That is, the term «аgreement on conciliation» from the point of view of emotional coloring and meaningful content most corresponds to the tasks of the procedure under study. The application for conciliation, the submission of which is provided for by the Code of Administrative Procedure of Ukraine, also does not correspond to the content of the procedure of conciliation in court through the conclusion of an agreement by the parties to the case. A statement is a type of procedural document in which a party to the proceedings makes a claim or request. In turn, the agreements reached by the parties regarding the subject of the dispute and other procedural issues are recorded in the form of the agreement.

Правовой статус публично-правовых субъектов в цивилистическом процессе России

The grounds for endowing public law entities with the procedural status of a party to a case in civil and arbitration proceedings are investigated. The author proceeds from the fundamental idea that only participants in a disputed material legal relationship can act as parties to the civil process. Accordingly, persons who do not have the status of a subject of civil law cannot participate in civil and arbitration proceedings as a party. When deciding on the issue of granting the status of a party to a public legal entity, the courts need to proceed from their alleged connection with the dispute, civil legal personality, and the nature of the interest. Attention is also focused on the restriction of freedom in the disposal of the disputed right in cases involving public entities; when approving settlement agreements concluded between a private legal entity and a public entity, the courts need to check whether these agreements violate public interests (the interests of an unlimited number of persons).

Study on the Improvement of China's Commercial Mediation System in the Context of the Singapore Convention on Mediation

China has established a diversified dispute resolution mechanism for the settlement of commercial disputes in trade transactions with The birth of the Singapore Convention on Conciliation (hereinafter referred to as "the Convention") is a milestone in the field of international commercial dispute settlement, which is integrated with China's development philosophy of win-win situation. The birth of the Singapore Convention on Conciliation (hereinafter referred to as "the Convention") is a milestone in the field of international commercial dispute settlement, which is integrated with China's development philosophy of win-win cooperation. The Convention strengthens the enforce ability of settlement agreements and brings cross-border enforcement of commercial mediation to a new stage of development. The Convention strengthens the enforce ability of settlement agreements and brings cross-border enforcement of commercial mediation to a new stage of development. From Confucianism, which upholds the concept of "no litigation", to the current innovation of the people's mediation system, China has always attached importance to the harmony of the international community. From Confucianism, which upholds the concept of "no litigation", to the current innovation of the people's mediation system, China has always attached importance to the harmony and stability of social relations at the legal level, and has continuously optimized the dispute However, the convergence between China and the rest of the world has been a major factor in the development of the mediation system, as well as in the current innovation of the people's mediation system. However, the convergence between China's commercial mediation system and the Convention has revealed the existence of legal gaps in the commercial mediation system, uneven professional quality of the mediation system, and the lack of a legal framework for the mediation of disputes. However, the convergence between China's commercial mediation system and the Convention has revealed the existence of legal gaps in the commercial mediation system, uneven professional quality of mediators, and obstacles to the cross-border implementation of settlement agreements. suggested that by improving legislation, formulating the qualification standards for mediators, and cracking down on the degree of false mediation and other corresponding methods, the two should be made more effective. It is suggested that by improving legislation, formulating the qualification standards for mediators, and cracking down on the degree of false mediation and other corresponding methods, the two should be well converged, landed, and compatible, so as to improve the legislation on commercial mediation and the The two should be well converged, landed, and compatible, so as to improve the legislation on commercial mediation and the judicial system in China, and provide more efficient, flexible, convenient, and effective ways of settlement for the vast number of commercial subjects It will improve China's commercial mediation legislation and judicial system, provide a more efficient, flexible, convenient and cost-effective way It will improve China's commercial mediation legislation and judicial system, provide a more efficient, flexible, convenient and cost-effective way of dispute resolution for the majority of commercial subjects, respect the autonomy of commercial subjects, reduce the cost of resolving transnational commercial disputes, maintain a harmonious relationship between commercial subjects, and bring it in line with international standards to create a more favourable, open and rule-of-law system. more favourable, open and rule-of-law business environment.

"A Liability to the University"-Addressing Student Mental Health Needs on Campus.

Students at colleges and universities report high rates of mental disorders, including depression and anxiety, and frequent suicidal ideation. School policies toward such students, however, often have appeared punitive or aimed primarily at reducing the institution's potential liability. A recent lawsuit against Yale University highlighted allegations of practices that violated several federal statutes by failing to provide reasonable accommodations for students with psychiatric disabilities. The resolution of those claims in a sweeping settlement agreement can provide a model for the many other universities that need to align their policies with federal disability law.

Juridical Review Of Mediation Legal Products Outside Court In Connection With Supreme Court Regulation Number 1 Of 2016 Regarding Mediation Procedure In Court

<em>The social dynamics that stand up in recent times maintain to amplify so all of sudden that it has caused the formation of intense opposition schemes in all factors of life that involve stakes and social forces. Conflicts, disputes, and argumentative debates are one of the efforts made through humans to defend their stance and popularity inside the approach of conducting an hobby. Disputes stand up due to the truth there are several interests that conflict with every one of a kind. Basically, dispute resolution can be finished in methods, what's generally used is dispute resolution via the courts, then with the development of human civilization, dispute resolution outside the court has moreover advanced. The hassle is how the implementation of mediation outdoor the court is connected to Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court and the way binding prison pressure is to the legal products because of mediation outdoor the court docket docket. The technique approach used is normative juridical approach. The result of the studies is article 36 wherein the parties without or with the help of a certified Mediator who efficiently treatment disputes outdoor the Court with a Settlement Agreement can put up a Settlement Agreement to the prepared Court to achieve a Settlement Deed by means of submitting a lawsuit and attached with a Settlement Agreement and files as evidence that suggests the legal relationship of the Parties with the object of the dispute and the peace agreement due to the mediation technique out of doors the court docket docket is best an regular settlement but in fact it's miles all sufficient and is finality.</em>

EU and Its Member States: Where Does the Scepticism for the Singapore Convention on Mediation Come from?

The Singapore Convention on Mediation was created with the purpose of harmonizing the enforcement regime for international settlement agreements resulting from mediation. This essay seeks to determine why the European Union has not signed the Convention yet and pinpoint exactly where the scepticism towards the Convention is coming from. To achieve this outcome, it considers the main objections of EU member states and different EU institutions expressed at the drafting stage of the Convention and more recently, identifying the most significant ones: competency and autonomy. The possibility of the dispute resolution and business community changing this attitude is also explored. Finally, the essay seeks to highlight the importance of the EU signing the Convention and speculates on the future of the Convention depending on the action taken.

Settlement agreement in civil proceedings Ancient Rome

Settlement agreement in civil proceedings Ancient Rome

Applicability and legal consequences of the criminal conciliation procedure

This paper provides insight into the use and impact of criminal reconciliation as an alternative form of criminal procedure in the modern justice system. By allowing the parties to reach an agreement through negotiation under the supervision of the judiciary, criminal conciliation aims to achieve a speedy resolution of criminal cases, reduce the burden on the courts and repair as much damage as possible to the victims. The article first describes the legal basis of criminal reconciliation and its development in different countries, demonstrating the diversity of this procedure and its adaptability across the globe. Subsequently, the article analyses in detail the conditions and procedures applicable to criminal reconciliation, highlighting the various factors that need to be taken into account in its practical operation, including the nature of the case, the will of the parties, and the possible legal consequences. Through case analyses, it reveals the advantages of criminal reconciliation in dealing with certain types of cases, such as the ability to resolve disputes quickly and reduce litigation costs and time. In addition, the article also discusses the limitations and potential risks of criminal settlements, such as the possibility of compromising the fulfilment of justice and the lack of necessary transparency and oversight in some cases. Finally, the article proposes a series of improvements to the criminal settlement process, including strengthening the oversight mechanisms of the process, ensuring the fairness of settlement agreements, and expanding public awareness and understanding of the process. Through comprehensive analyses and discussions, this article aims to provide legal professionals, scholars, and policymakers with a perspective for an in-depth understanding of criminal reconciliation, and to help them assess and improve existing judicial practices so that criminal reconciliation can not only enhance judicial efficiency, but also operate on the basis of ensuring fairness.

Present and Future of the World Trade Organization

The WTO has played a key role in globalization and the development of free trade; its results are interesting for those countries and transnational companies that lead the value chains; free trade agreements and the broad participation of countries; but above all, having regulated international trade is among the most important. However, there is growing discontent, even in its main promoter (the United States), not to mention in countries for whom the poor results obtained are questioned by the majority of their inhabitants, due to the precariousness of employment, the reduction of purchasing power and the unemployment generated. The differences and controversies between the United States and China create uncertainty about the role of the WTO, slow down investments and hasten a comprehensive restructuring of the system. In key aspects such as dispute settlement and free trade agreements, their processes and procedures.

Maqāṣid Sharīah Paradigm in Wealth Preservation and Regional Stability Through Local Currency Protection within ASEAN

The use of Local Currency Settlement (LCS) which was decided at the conclusion of the 42nd Asean Summit in Labuan Bajo is a policy that will facilitate trade transactions between Asean countries and can increase the use of each country's local currency and reduce dependence on the US dollar. The purpose of this study is to find out and describe why Indonesia encourages ASEAN countries to use the LCS in the region and to analyze the results of the 42nd Asean Summit in the perspective of maqāṣid sharīah through the concept of hifẓ al-māl (wealth preservation). The design used in this study is a literature review and field research. A literature review study is a method applied to collect data or sources related to a particular topic which can be obtained from various sources such as journals, books, the internet and other literature. While field research by adding interviews with Islamic economists or academics or religious and government leaders. The results of this study indicate that Local Currency Settlement (LCS) agreements can realize economic independence and stability in the ASEAN region through the ease and efficiency of settlement of transactions carried out bilaterally and regionally by using each country's local currency and increasing trade, investment, and other transactions between Asean Countries. The agreement in the LCS policy is in line with the basic principles of maqāṣid sharīah through hifẓ al-māl which also implements the qiyām or qawām system (balance within self, family and society) in protecting wealth so as to achieve independence and economic stability in a broader scope both nation, state, region and globally.

MEDIATION – THE OFTEN-MISSED OPPORTUNITY!

Parties have the opportunity to regulate the dispute, and during mediation, an acceptable solution for the dispute resolution can be seen, which will strengthen the personal or business relationship between the parties in the future. One of the key functions of a mediator to successfully mediate business disputes is to focus on the interests of the parties and be able to separate them from the positions of the parties. International mediation is seen as the amicable process of the resolution of cross-border commercial disputes, which helps parties to preserve commercial relationships. The mediator should individually analyze every case before a mediation meeting is planned. The mediator should decide whether to start with a general joint meeting or conduct individual meetings. The above-mentioned has a great impact on future processes and results. The implementation of general mediation standards in national law is a big challenge. Standards on applying enforcement and refusal mechanisms in International business disputes are general, vague, and more evaluative. States should work on the development of national guidelines and case law regarding the evaluation process of mediation by court. Digital assets from Blockchain Technology can be inherited, and because of the specificities (different territories, internet space, and different tech companies) of currency, disputes may arise in transacting inheritance. It is debatable why the Singapore Convention should not apply to settlement agreements raised from cryptocurrency.

Wanprestasi dalam Perjanjian Kesepakatan Bersama Menurut KUH Perdata (Studi Kasus Putusan Perkara Nomor 488/Pdt.G/2016/Pn.Jkt.Sel)

The Problem of Default in the Collective Agreement in Case Decision Number 488/Pdt.G/2016/PN. Jkt.Sel. who was appointed due to a dispute over a Collective Agreement Agreement between the plaintiff and the defendant against an object of resale and purchase of land and buildings, in the APKB made before the South Jakarta Notary. The research method used is the normative juridical method, which is literature research with an approach that is carried out based on the main legal material related to the object of research. The research method used is the normative juridical method, which is literature research with an approach that is carried out based on the main legal material related to the object of research. Based on the results of the research, it was found that the legal act of default occurred in Case Decision Number 488/Pdt.G/2016/PN. Jkt.Sel in the Collective Agreement is where the defendant is not willing to sell the building to the plaintiff and even the defendant makes a unilateral requirement even though the obligation to sell to the Defendant is part of the collective agreement that has been stated in the Deed of Collective Agreement that was made, and the consequences of the law of default in the Collective Agreement Agreement in Case Decision Number 488/Pdt.G/2016/PN. Jkt.Sel is against the Defendant who is convicted of default and the Plaintiff has the right to buy back the land and buildings aquo in accordance with the Deed of Collective Settlement Agreement

THE ENFORCEMENT OF SETTLEMENT AGREEMENTS UNDER THE OHADA UNIFORM ACT ON MEDIATION

On 23 November 2017, OHADA member states adopted the Uniform Act on Mediation. The Act lays down rules relating to mediation of disputes which, if successful, ends in a settlement agreement. Settlement agreements that are not freely respected by the parties will have no effect unless they are forcefully executed. Forceful execution is made with the help of a court or notably public who are empowered to insert an executory formula on the agreement after verification of its regularity. These local authorities involved in the enforcement process rely on domestic laws of member states which vary from state to state. This has the effect of tainting the harmonization process intended by the OHADA lawmaker and may be inimical to investors. This raises the problem of the suitability of the Act to dispute settlement as regards enforcement of settlement agreements. With the help of qualitative and comparative analysis, this article brings to limelight the intricacies of the enforcement of settlement agreements under OHADA. It concludes that enforcement of settlement agreements is rendered simple and rapid but faces serious drawbacks which could be alleviated by setting up OHADA mediation institution to oversee the entire mediation process, besides other recommendations.