Settlement demands are a key part of litigating. Hardly a month goes by when we don’t send or receive a settlement demand. Some demands are bland—in the immortal words of Sgt. Joe Friday, “just the facts.” More often, though, the demand is laced with embellishment and invective, designed to increase pressure and maximize leverage. When does a privileged settlement demand cross the line into an unlawful extortionate threat?

As we explained in a March 2022 article, the rules in California are unclear, the line between right and wrong continues to shift, and outcomes may depend less on the facts of a case and more on which judge is deciding it.

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