Apart from the fact that it is in fact non-ae, the confidentiality provision is unenforceable because it is now… Legal aid is not obliged to indicate in its agreement a particular way of declaring confidential information or documents. Sometimes inclusion in the negotiation process can help define expectations as to how the process will proceed, and the inclusion of a provision in the agreement will guide non-attorney personnel, who will likely be the one implementing the agreement. Be very careful about agreements or injunctions that require a party to obtain prior authorization for disclosure or to inform anyone to whom the information is disclosed at the time of execution and to give signed consents. Without good reason, these provisions constitute interference with the consultant`s work product and the ability to consult with non-witnesse experts. The agreement provides for general authorizations from the defendant and a general discharge of the defendants to the plaintiffs. Doc. No. 38-1 to 3. In the general publication of the applicants, they agree to release the defendants from all previous, present or future claims they have against the defendants. Although the Eleventh Circuit did not address the impact of a general publication on the fairness and relevance of an FLSA comparison, a number of courts in that district have questioned the relevance of such dissemination in FLSA agglomerations. Z.B. Bright v.
Mental Health Res. Ctr., Inc., Case No. 3:10-cv-427-J-37TEM, 2012 WL 868804, at 4 (M.D. Fla). March 14, 2012) (citing Moreno v. Regions Bank, 729 F. Supp. 2d 1346, 1350-52 (M.D. Fla. 2010)).
This is also the case where full compensation has been made. See z.B. Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1240 (M.D. Fla. 2010) (“[I]f the “comprehensive compensation agreement” proposed by the parties contains an additional clause – such as the leniency of a valuable worker`s right, including perhaps one of the worker`s FLSA rights, or the replacement of another valuable consideration of any kind – the notion of “full compensation” becomes wrong and unreapplen. Honorary Judge Steven D. Merryday said the federal courts expect counsel to discuss this type of discovery issue at the Lawyers` Case Management Conference.16 The Southern District of Florida requires, under Local Rule 16.1 (b) (3) (3) (H), that the proposed Joint Planning Regulations contain “any proposal to use the Complex Litigation Manual,” which contains a proposed confidentiality agreement. 25 25 fla. R.
USDCTSD Gen Rule 16.1 (b) (3) (H). The central district rule is similar. Local rule 3.05 (c) (2) (C) (iii) suggests that the original investigation plan may contain provisions relating to “management of confidential information.” 26 26 Fla. R. USDCTTM Gen Rule 3.05 (c) (2) (C) (iii). The complex rule of the Florida process involves “the need for a protective order to facilitate discovery,” as something that must be taken into account at a first case management conference. 27 27 Fla. R. Civ. P.
1.201 (b) (1) (G). In Auto-Owners Ins. Co. v. Totaltape, Inc. told the Middle District of Florida that the trade secret privilege did not apply to the insurance company`s account books, since the insured was not a competitor who would benefit from the proprietary information of the insurance company. Although the information did not strictly meet the definition of trade secrecy, the insurance company opposing the discovery gave a good reason for obtaining a rule of protection under Rule 26 (c). Due to the nature of the documents, a confidentiality provision was still required. 36 36 Auto-Owners Ins. Co.
v. Totaltape, Inc., 135 F.R.D. 199 (M.D. Fla. 1990). If an adversary says that he thinks his personnel manual is a business secret, and the plaintiff only needs to know if the manual contains instructions on how to deal with a situation like the one being tried, he simply cannot argue about whether the manual is really a business secret before he is able to get a copy in the discovery. In such a case, as in a case of underpants and cases,