The Third District Court of Appeal issued an opinion in Gulliver Schools et al. v. Snay on Feb. 26, which highlights the critical importance of carefully negotiating confidentiality provisions in settlement agreements, and making certain those provisions are understood by the parties.

The court’s ruling is fact-specific, and its reasoning is relatively straightforward. However, the opinion underscores the fact that not understanding or complying with a confidentiality clause may have drastic ramifications.