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Civil Litigation,
Law Practice

Jul. 16, 2019

‘Approved as to form and content’ may bind counsel

An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s confidentiality clause, according to a recent California Supreme Court decision.

Steven H. Kruis

ADR Services, Inc.

Email: skruis@adrservices.org

Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.

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An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement's confidentiality clause, according to a recent California Supreme Court decision, Monster Energy Co. v. Schechter, 2019 DJDAR 6457 (Cal. Jul. 11, 2019). The opinion reversed $95

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