08-80182-CIV, 2009 WL 1490582 (S.D.Fla. 26 May 2009)). You worked for months to prepare your case for trial, and at the last preliminary conference, a settlement was finally reached, the trial was canceled, everyone was happy, and you went back to the office. Weeks later, you receive the transaction agreement and see that it contains something that has not been discussed: a confidentiality clause. That may be a problem. Maybe not. Either way, it`s heartburn and more time in a case that you thought was over. In the second part of this briefing, I will discuss how more general information, such as. B important business information, can be treated confidentially and general exceptions that are often found in settlement agreements. The employer therefore does not have the right to suspend payments, even if the worker has breached the confidentiality clause, since the wording of the confidentiality clause is not sufficient to make the contractual condition clause. Employers therefore do not want individuals to discuss the allegations and the comparison as if they had “won” to avoid false conclusions about guilt with respect to the allegations.
An erroneous breach of a confidentiality provision can also result in damages, whether the breach is based on the client`s or lawyer`s behaviour. That`s why many lawyers discuss with their clients the importance of adholding the confidentiality rules of the settlement agreement, especially in the age of social media. . . .