Settlement Counsel Services

When litigation gets stuck, it’s important for a fresh set of eyes to step in and find practical ways to resolve these tough disputes.

Perkins Coie offers settlement counsel services for commercial cases, class actions, and mass torts. Since we’re not tied to the strategies or history of the main litigation team, we can look at issues differently and often spot solutions others miss. We’ve helped resolve thousands of mass tort cases, as well as class actions and other complex matters.

Why do clients bring us in?

• A new perspective. We’re not invested in past arguments, so we can reframe the conversation and help both sides see what matters.
• Lower the temperature. As neutral negotiators, we can help reset talks that have stalled or become tense.
• Saving time and money. With us handling settlement, your trial lawyers can stay focused on the case itself, and you avoid the costs and risks of going to trial.
• Relationships that matter. After decades of working in California courts, we know many of the key plaintiff firms and mediators, which helps get things moving.
• Data-driven insights. For consumer class actions, we have a proprietary database of settlements that helps us value cases and negotiate more effectively.

How does this help clients? (Real-world benefits)

• Faster resolution. In a recent class action, we were able to settle the case within 90 days of being brought in—saving the client months of litigation and significant legal fees.
• Cost control. By resolving a high-value consumer class action before trial, the client avoided not only trial costs but also the uncertainty of a jury verdict.
• Creative solutions. In a cross-border dispute, we helped structure a payment plan that satisfied both sides and avoided years of enforcement litigation.
• Reduced stress. Clients often tell us that having a separate settlement team lowers the emotional temperature and lets everyone focus on business, not just the fight.
• Preserving business relationships. In several cases, our approach has helped clients maintain ongoing business relationships with counterparties, turning adversaries into future partners.
• Board-level clarity. Our data-driven risk analysis has helped boards and executives make informed decisions about settlement versus trial, with clear, actionable insights.
• Unlocking stalled negotiations. We’ve been brought in after months of deadlock and have helped parties find common ground, even when prior talks had completely broken down.
• Managing reputational risk. For clients facing public scrutiny, we’ve helped craft settlements that address not just financial terms but also public messaging and future conduct.
• Credibility in federal courts. Our experience and reputation have helped clients secure approval of class-action settlements in federal courts, where credibility and process matter.
• Access to top mediators. Our long-standing relationships with leading mediators often help move even the most challenging cases toward resolution.

When does it make sense to use settlement counsel?

• When you want your main lawyers to stay “trial-ready” but need a separate track for settlement
• If earlier settlement talks have broken down
• When the case involves regulatory, reputational, or cross-border issues that need creative solutions
• If you want data-driven risk analysis to help inform business decisions

Who have we helped?

• Leading consumer products companies and private equity portfolio companies in class actions
• Major industrial and manufacturing companies in mass tort matters
• A large international manufacturer in a cross-border commercial dispute

Who leads the team?

David Biderman started this practice after being brought in as settlement counsel on multiple matters. David spent more than 10 years representing defendants in mass tort cases, resolving more than 1,000 cases. Over the years, David has built long-standing relationships with top mediators and many leading plaintiff firms—connections that often help clients reach resolutions when it once seemed impossible.

Want to hear more?

Check out our podcast, The Persuasion Occasion, where we talk with negotiators, mediators, behavioral scientists, and FBI hostage negotiators. We share not only real-world insights but also the psychological factors that drive successful settlements.

We are pleased to provide references upon request. These may include clients who have engaged us as settlement counsel, opposing counsel who have worked with us in complex negotiations, mediators who have facilitated our settlements, and co-counsel or collaborating law firms. If you would like to speak with any of these references, please let us know and we will be happy to connect you.