Confidentiality Update: Rael v. Davis

In Rael v. Davis, 166 Cal. App. 4th 1608, the California Court of Appeal considered the following issue: Is the waiver of confidentiality provision in a settlement agreement enforceable even if the agreement was not signed by all the settling parties? The Court answered the question in the negative and concluded that the trial court correctly held that the term of the agreement waiving confidentiality never took effect because one of the parties to the settlement had not signed it. The Court further held that as a result, the agreement was inadmissible and therefore, unenforceable in whole or in part.

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