The conclusion of a transaction agreement does not always mark the end of a dispute. Implementation of transaction agreements can pose many problems, as evidenced by the recent decision by Den Usa v. Prevezon Holdings, 2018 WL 679888 (S.D.N.Y. Feb. Feb. Feb. 2, 2018). Prevezon included a series of sensational facts, including allegations of sophisticated Russian tax evasion and complex money laundering schemes, as well as the death in prison of a Russian lawyer investigating alleged tax evasion. Shortly before the start of a civil lawsuit for forfeiture of assets against Prevezon, who allegedly received and laundered part of the proceeds of the fraud, the United States and Prevezon agreed to settle the case. The Southern District, William H. Pauley III, reviewed the government`s subsequent request to enforce the settlement agreement and examined issues ranging from New York contract law to the international community. Justice Pauley`s detailed and in-depth analysis provides valuable information for the trial of lawyers and the attempt to obtain settlement agreements.
In an action, among other things, for damages for breach, the defendant is appealing a decision of the Supreme Court, Westchester County (Sam D. Walker, J.), of December 31, 2015. The order, to the extent that it was challenged, allowed the branches of the applicant`s application which, for summary judgment, rejected the defendant`s opposing rights to recover damages for abuse of process and breach of contract. When a plaintiff makes accounts with one of the defendants, the undisputed defendant or defendants may be entitled to the discovery of the confidential transaction if the terms of the transaction are essential and necessary to the prosecution and/or defence of an action. Allen v. Crowell Collier, 21 N.Y.2d 403 (1968). This does not mean that the non-calculating defendant can obtain the terms of the transaction based solely on the term “essential and necessary.” On the contrary, the information needs identified must be relevant to the prosecution and/or defence of the remedy. The testing strategy is not sufficient to meet this standard. The question arises as to whether, in the case of a civil action, the complainant could later invoke a successful breach action against the complainant for breach of the confidentiality agreement. If so, how much was the defendant recovered as a result of the applicant`s breach of confidentiality agreement? A court may impose a violation of contractual rights, as it relates to a confidentiality agreement if the agreement is properly executed.