Social Media and Settlement and Separation Agreements: Reining in the Impulse to "Share"

Summary

This practice note addresses the legal issues surrounding social media and settlement or separation agreements and offers strategies for avoiding these pitfalls. Common features of settlement and separation agreements include confidentiality provisions. These provisions aim to prevent bad publicity or exposure to future lawsuits on the same basis by disallowing public communications regarding the details of a dispute. These agreements also often typically include a non-disparagement clause that prohibits the employee from making negative comments about the employer (and, rarely, vice versa). Although the interaction between social media and the law is still developing, confidentiality or non-disparagement provisions are enforced under contract law, which applies whether or not social media is involved. Nevertheless, social media adds a layer of practical complexity that every lawyer should understand.