13 Jan: Mediation Message No. 159

“THE APPROVED AS TO FORM AND CONTENT CLAUSE” The “Approved as to form and content” clause can be both innocuous or material; Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781 explains the distinction. In Monster Energy, parties to a products liability and wrongful death action settled their lawsuit and, in a settlement, which included confidentiality obligations, lawyers for the parties (Schechter for the plaintiff) signed a notation that they approved the written agreement as to…