Law Practice,
Ethics/Professional Responsibility
Jun. 4, 2021
Key considerations for confidential settlement agreements
Although confidential settlements are prohibited in certain cases, there are still types of cases in which confidentiality clauses are permitted and can be attractive to clients.
For some litigants, confidentiality can be a material term for any settlement. That is often the case where one of the litigants is a celebrity or other high-profile individual or company, for which the mere suggestion of impropriety resulting from the settlement of a lawsuit can be perceived as damaging to a brand or reputation. With the numerous high-profile sexual harassment lawsuits in recent years, however, the use of confidentiality clauses has garnered heighten...
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