Confidentiality Update: Petition for Review Denied in the Estate of Thottam

November 19, 2008 – The Petition for Review filed by Stephen L. Kaplan, Esq., counsel for Respondent Jameson Thottam,  with the California Supreme Court was denied.

As a result, the appellate court’s ruling still stands that California Evidence Code §1123(c) requires neither that an express agreement in writing permitting disclosure be contained in the settlement agreement itself nor that it even be made at or after the time the settlement agreement is entered into. 

We adressed the history of the Thottam case and the Court of Appeal’s decision underlying the Petition for review on September 15, 2008. For more information, please see:  Recent Confidentiality Decisions … In a Nutshell.

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