Most people – and this includes lawyers – believe that settlement negotiations are “privileged” (legalspeak for “not subject to being disclosed to the opposing party during litigation”). Well, NOT ALWAYS. (Software Tree LLC v. Red Hot Inc. et al.)
“While the Court recognizes internal settlement strategy may be protected by attorney-client privilege or work-product immunity … the Court permits discovery of negotiations pertaining to agreements and licenses entered into outside the context of litigation …” (emphasis added).
THE LESSON TO BE LEARNED: What you say – or, especially, write – today may be disclosed to an opposing litigant tomorrow.