Settlement agreement
Analysis of the scope of a confidentiality clause
Nicolas Rouvinez
— 5 August 2024
In a recent ruling 4A_26/2024 of 11 June 2024, the Swiss Federal Supreme Court was called upon to rule on the interpretation of a confidentiality clause contained in a settlement agreement between a bank and a private investigator. Specifically, the key question was whether the parties intended to protect secret information in the formal or material sense. In 2019, a company active in investigation and security services became involved in the "Khan affair", in which it was revealed that Mr[...]