
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: March 7, 2014
Partner
201-896-7163 rlevy@sh-law.comA daughter’s ill-advised Facebook post recently cost her father $80,000 of his settlement in an age-discrimination case.
As has been widely reported in the media, Gulliver Preparatory School agreed to pay Patrick Snay, 69, an $80,000 lump-sum payment to resolve alleged violations of the Age Discrimination in Employment Act (ADEA) and retaliation. However, four days after the settlement, Gulliver informed Snay that he had violated the settlement’s confidentiality agreement when his daughter posted the following message to her 1,200 followers: “Mama and Papa Snay won the case against Gulliver…Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.”
Earlier this month, a Florida judge refused to enforce the settlement agreement. Judge Linda Ann Wells found that Snay violated the settlement agreement by discussing its terms with his daughter. “His daughter then did precisely what the confidentiality agreement was designed to prevent,” she wrote.
Settlement agreements routinely contain a confidentiality provision that prevents both sides from discussing the terms of the settlement with outside third parties.
From a defendant’s perspective, the appearance of a lucrative settlement may increase the chances of future litigation or be used against the company in future settlement negotiations. Plaintiffs also value privacy and may not want the facts of their case to become public knowledge. Even plaintiffs who are not overly wary of confidentiality can use it as a bargaining chip during negotiations.
So what should an effective confidentiality clause contain? Below are a few key tips:
If you have any questions about this case or would like to discuss the use of settlement agreements, please contact me, Robert Levy, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!