Pre-Suit Settlement Negotiation Strategies: Maximizing Leverage Before Filing
Max Barack
Head of Litigation & Chief Client Officer
Garfinkel Group, LLC (Illinois)
Nina T. Pirrotti
Partner
Garrison Levin-Epstein (Connecticut)
Matthew J. Singer
Founding Member
Matt Singer Law, LLC (Illinois)
Steven Fingerhut
Partner
Phillips & Associates (New York)
While many harassment cases are resolved after discovery, high-value power-imbalance matters can often settle pre-suit when counsel applies early, strategic pressure. This session covers how to craft persuasive damages narratives before filing, decide what evidence to disclose, and deploy experts and investigations to strengthen leverage. Participants will learn how to profile defendants, uncover patterns of misconduct, and exploit corporate vulnerabilities—while protecting sensitive evidence and preserving trial readiness if negotiations fail.
Key discussion areas include:
- How often pre-suit settlements happen and when they make the most sense
- Early evidence disclosure: risks vs. rewards
- Strategic early expert use (medical, psychological, economic, HR/EEO, ESI)
- Defendant history searches
- Corporate vulnerability profiling and reputation risk tools
- Timing considerations: mediation vs. filing for maximum value