Lawyer not liable under confidentiality agreement

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 25, 2024 11:18 AM

A trial judge in Florida ruled that blog posts by Mississippi attorney Macy Hanson violated confidentiality and non-disparagement clauses in two settlement agreements — even though Hanson didn’t sign the contracts — because he negotiated both deals. The restrictions expressly applied to the litigants and “their attorneys” and his cut of settlement proceeds for the case was $50,000.Neither agreement contained signature blocks for counsel. But under Florida law, assent to be bound by a contract can be inferred from conduct. …

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