Legal Question in Intellectual Property in California
Confidentiality Clause
The case went before a settlement judge. The defendant, who actually dictated the terms of the settlement according to what he was willing to settle, (Pursuing a trial was explained to me as being prohibitively expensive and winning was uncertain, could be transferred out oof the state, etc. etc.,) The defendant demanded a confidentiality clause and the judge agreed to this.
During the period of negotiations (ENE) I was asked for substaniating data for which I had to contact people regarding the case. In addition, I did have contact with my representative.
What does the confidentiality clause mean in terms of the people who already know about this case and what is the meaning of a demand for confidentiality? Admittedly, the case was settled precipitously.
Will my broaching the subject with my lawyer who was present be a mistake? Is she free to give me a truthful answer about my wish to report to people who helped me.
What I want to know is the meaning of a confidentiality clause as part of a settlement agreement? Am I not at liberty to discuss the outcome with people who already are aware of the proceedings?
2 Answers from Attorneys
Re: Confidentiality Clause
A confidentiality clause is a category, not a fixed set of words. Confidentiality clauses, like attorney-fee clauses, non-compete clauses and all other generic contract components have to be read and interpreted. I can therefore predict but not guarantee that it permits you to discuss all aspects of the settlement with your lawyer. After all, isn't that what your lawyer is for? To interpret and explain your settlement for you, and make sure it's fair to you and is carried out according to its terms?
Re: Confidentiality Clause
These are questions your attorney can--and should--discuss with you. In addition to going to court on your behalf, your attorney has a obligation to counsel you and explain to you anything you don't understand about your case, the law, and especially anything you are asked to sign.
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