Legal Question in Business Law in New York

My company filed a lawsuit against another company. We settled outside of court and the agreement included a mutual non-disparagement clause. Two years later a representative of that organization wrote a damaging article about us on a well known website. Could this be a violation of our settlement agreement?


Asked on 11/25/13, 11:00 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

Yours is a very fact intensive scenario. The agreement will need to be properly reviewed along with all the facts and circumstances involved. That said, I assume this was the whole point in entering into such an agreement right? So, it is likely actionable.

I suggest that you call around to several lawyers in and get some insights in private before doing anything.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/25/13, 11:06 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

It might be. Realistically the agreement needs to be reviewed. You should do it as soon as practicable and act while the iron is hot (so to speak). The agreement also needs to be carefully reviewed in connection with any notice of breach provisions, deadlines and if any damages have been proscribed (i.e. liquidated)

Reviewing the agreement and discussions with you should only take a couple of hours and would not be costly. Please contact my office at your earliest convenience to get started.


Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 11/25/13, 11:11 am


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