Friday, August 25, 2017

First Amendment Coalition v. US DOJ (9th Cir. - Aug. 25, 2017)

Don't reveal settlement offers made during mediation, and especially don't reveal settlement offers made during official Ninth Circuit mediations.  Otherwise the Ninth Circuit may well elect to shame you by mentioning you by name.  As happens today to Davis Wright Tremaine associate Jonathan Segal:

"In oral argument before this panel, Jonathan Segal, counsel for appellant, disclosed confidential information related to offers made by his opponent in mediation before the Ninth Circuit Mediation Program. This is in clear violation of Ninth Circuit Rule 33-1(c)(4), which states that any written or oral communication made in Ninth Circuit Mediation Program settlement discussions may not be disclosed to anyone who is not a participant in the mediation. The panel reiterates the importance of maintaining confidentiality in the Ninth Circuit Mediation Program. The wrongfully disclosed information was not considered in deciding the case."

Yeah.  Don't do that.

(Though he did win the appeal.)