Energizer: Evaluating Settlement versus Litigation Risk: A Discussion with Settlement Judges

Thursday, January 16, 2020
12:00 PM - 01:30 PM (UTC-05:00) Eastern Time (US & Canada)
Kirkland & Ellis LLP
1301 Pennsylvania Ave NW
Washington, DC 20004

liveevent networkofpeople onlinelearning_or_video cleapproved 

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This one and a half hour “bring your own brown bag lunch” program will consist of a short presentation by each Settlement Judge providing tips or factors that participants in the settlement process should consider when evaluating settlement versus litigation risk.  Factors may include the extent to which:

  • case precedent plays a role;
  • establishing the facts necessary to resolving the dispute can help in evaluating the risks of settlement versus litigation.  (Query: to what extent should the merits be argued);
  • establishing the facts necessary to quantify any damages, or refunds can help in evaluating the risks of settlement versus litigation;
  • ongoing and future business relationships among the parties affect the calculus of settlement versus litigation; and
  • the probability of building effective coalitions to gain negotiating strength affects the risks of settlement versus litigation;


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Moderator & Speakers:

The Hon. Lawrence Brenner, Moderator, Retired Federal Energy Regulatory Commission Administrative Law Judge, Brenner Dispute Resolution (2018 - to present) 
The Hon. Bruce L. Birchman, Retired Federal Energy Regulatory Commission Administrative Law Judge, Birchman ADR Services (2011-to present)
The Hon. John P. Dring Federal Energy Regulatory Commission Administrative Law Judge
The Hon. Suzanne Krolikowski, Federal Energy Regulatory Commission Administrative Law Judge 
The Hon. Kimberly Kim, California Public Utilities Commission Administrative Law Judge

cleapproved CLE

1.25 credits
Approved in CA. Pending in VA, NY.


Register Online Registration Form

Registration Fees On-Site and Remote Participation (per person):

Registration Types  Member   Nonmembe
Registration $40 $60
Student Registration Free $10

Not YET AN EBA member?

Join today and save $20 on registration for this event. New members also receive a welcome packet in the mail that includes a discount code for a free Energizer, so the next one is on us! You must purchase your membership first to receive the member rate.  For membership information and to join: or call the EBA office at (202) 223-5625 for assistance. 


You must pre-register for on-site attendance. No registration fee refunds will be granted for cancellations received after January 15, 2020. In order to receive a refund (less $10 administrative fee), the EBA must receive your written notice of cancellation by January 15, 2020. Registrants who are unable to attend may send a substitute for the entire program. EBA regrets that refunds will not be given for no-shows. Send a cancellation request by email to Mary Margaret Frank at or by fax to (202) 833-5596.

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By registering for this program, you authorize EBA to use any photographs taken of you during the event. Photographs may be used in promotional materials or stories that appear in professional publications and websites.


For more information on this event, please contact the Energy Bar Association at (202) 223-5625 or by email at




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