Wednesday, June 22, 2011

"What is said here, stays here"--most of the time.

The Facebook boys duked it out. Zuckerberg won.  The Twins lost (again).  Court held the Twins couldn't introduce fraudulent statements made in the mediation to prove they were tricked into signing a settlement agreement.  Why?  Because the rules of evidence create a "privilege" against disclosure to encourage negotiations free of concern about admissions. Problem for the twins:  the fraudulent statements made in mediation were barred.  Result:  Twins cry.  Zuckerberg gets richer.  Mediators everywhere rejoice.

The Facebook Inc. v. Pacific Northwest Software Inc., 2011 WL 1346951 (No. 08-16745) (9th Cir. Apr. 11, 2011).

"If the pink slip doesn't fit, get redressed!"
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