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marjac

07/04/20 5:00 PM

#284548 RE: lizzy241 #284547

Yes within the context of that litigation, the settlement information and documents are discoverable where they are directly at issue. So if there is a legal malpractice case against the attorneys, or a breach of fiduciary case against management/the Board of Directors where the issue of negligence in failing to settle the case is at issue, then the information and documents are discoverable.

However, even if discoverable, the court will most likely enter a Protective Order preserving their public confidentiality, meaning that while discoverable within the context of the case, the Protective Order would prohibit full public disclosure.