By: Gregg Stevens and Lorin Subar
In all fairness to the fine writer asked to provide the “con” side of this argument, being asked to espouse the positives of including confidentiality clauses in a settlement agreement is akin to being asked to take the “pro” position in a debate titled “Chocolate Chip Cookies—Yes or No?” Including a confidentiality provision in a settlement agreement is generally not only good practice for both sides, but for a defendant, it’s a virtual necessity.