Legal Question in Business Law in California

When you sign a non-disparagement agreement in a settlement on a law suit, how can it be broken legally? What would one have to show


Asked on 12/26/13, 12:44 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Breaking an agreement "legally," i.e., so that you either won't be sued for breach of contract or, if you are sued, you'll win, generally requires finding some technical defect in the agreement itself. There is a long list of possible grounds for breaking agreements, but, since most settlement-of-suit agreements are done by lawyers, finding one that really fits is a long shot.

Why do you want to "break" the agreement? Do you feel compelled to disparage the other party? Perhaps you have done so already, and are being accused of breach?

I'd think it better to abide by the agreement, or possibly negotiate for minor changes if warranted by changed circumstances, etc. If the agreement has been filed with a court and entered as part of a judgment, changes may be more difficult.

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Answered on 12/27/13, 2:08 pm
Anthony Roach Law Office of Anthony A. Roach

That's a loaded question. It really depends on the underlying facts, how disparagement is defined, and whether or not the person who makes a statement engages in constitutionally protected activity or not.

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Answered on 12/30/13, 2:05 pm


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