Monday, October 31, 2005

“Yes You Did! No I Didn’t!”

Frequently parties want a confidentiality agreement as part of their settlement. Here’s an example of why it is necessary to be detailed in drafting what precisely constitutes a violation of the confidentiality agreement. University of Alabama football coach Mike Price and Time, Inc.’s Sports Illustrated had been engaged in a two-year defamation litigation resulting in a settlement which contained a confidentiality provision. Price declared a “great victory”and Time, Inc. said this, among other things, constituted a violation of the confidentiality agreement and wants the agreement thrown out according to this article in the Fulton County Daily Report and this article from

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