4 ms·

> you may have to sign something which says "that is it", waiving your right to sue anyone for anything more Isn't that quite different from an NDA though? Wit

by hysan 10y ago

> you may have to sign something which says "that is it", waiving your right to sue anyone for anything more Isn't that quite different from an NDA though? With insurance, everything is documented and available for access in case you need to reference it at some later point in time. With an NDA, the settlement is effectively hidden from view and is much harder for you to legally discuss if you need to reference it at some later point. For example, if the owner decides to sell the apartment and the prospective buyer wants to know the history of any damages.

542458 10y ago
NDAs (aka confidentiality clauses) attached to settlements are extremely common - have you ever seen the phrase "settled for an undisclosed sum"? It's usually because of some sort of confidentiality clause. Here's some background on those, and why they're used: http://www.americanbar.org/publications/gp_solo/2012/november_december2012privacyandconfidentiality/confidentiality_settlement_agreements_is_virtual_necessity.html http://www.americanbar.org/publications/gp_solo/2012/novembe... Re: your house example, the NDA linked in the article don't go that far. IANAL, but it's actually pretty reasonable as far as I can tell. It basically says "I absolve AirBNB of any further responsibility, and I agree not to talk about this payout". That's it. The AirBNB rep being asleep at the wheel is a real story and pretty lousy - however the NDA feels like a non-story to me. https://drive.google.com/file/d/0B0k9tVdZvR1NUEtFTDZQUTQxZlk/view https://drive.google.com/file/d/0B0k9tVdZvR1NUEtFTDZQUTQxZlk...
- hysan 10y ago
  > It basically says ... and I agree not to talk about this payout" That's not quite right. When I read the NDA, section 2 is what stuck out to me as an oddity that isn't standard in most settlement agreements. Specifically (emphasis mine): > I acknowledge that the existence of the payment by Airbnb and this Airbnb Payment Agreement are confidential. Most settlements make the amount paid a hidden number but doesn't prevent you from discussing that the settlement itself occurred. If Airbnb's NDA simply said that the amount paid wasn't to be discussed, then I'd agree that this would be a non-story. However, that doesn't seem to be the case here. IANAL either, but the language used seems pretty cut and dry in the intent that the incident be kept under wraps.

by hysan 10y ago

542458 10y ago

NDAs (aka confidentiality clauses) attached to settlements are extremely common - have you ever seen the phrase "settled for an undisclosed sum"? It's usually because of some sort of confidentiality clause. Here's some background on those, and why they're used: http://www.americanbar.org/publications/gp_solo/2012/november_december2012privacyandconfidentiality/confidentiality_settlement_agreements_is_virtual_necessity.html http://www.americanbar.org/publications/gp_solo/2012/novembe... Re: your house example, the NDA linked in the article don't go that far. IANAL, but it's actually pretty reasonable as far as I can tell. It basically says "I absolve AirBNB of any further responsibility, and I agree not to talk about this payout". That's it. The AirBNB rep being asleep at the wheel is a real story and pretty lousy - however the NDA feels like a non-story to me. https://drive.google.com/file/d/0B0k9tVdZvR1NUEtFTDZQUTQxZlk/view https://drive.google.com/file/d/0B0k9tVdZvR1NUEtFTDZQUTQxZlk...

hysan 10y ago
> It basically says ... and I agree not to talk about this payout" That's not quite right. When I read the NDA, section 2 is what stuck out to me as an oddity that isn't standard in most settlement agreements. Specifically (emphasis mine): > I acknowledge that the existence of the payment by Airbnb and this Airbnb Payment Agreement are confidential. Most settlements make the amount paid a hidden number but doesn't prevent you from discussing that the settlement itself occurred. If Airbnb's NDA simply said that the amount paid wasn't to be discussed, then I'd agree that this would be a non-story. However, that doesn't seem to be the case here. IANAL either, but the language used seems pretty cut and dry in the intent that the incident be kept under wraps.