Confidentiality and Other Harmful Provisions in Settlement Agreements will discuss various provisions which Corporate entities frequently propose in settlement agreements. These provisions are never negotiated, let alone mentioned, in settlement negotiations. They are intended to gag the plaintiff, make the plaintiff an agent of the defendant for related litigation and agency investigations and make as broad as possible the release signed by the plaintiff in favor of the defendant. In addition to being harmful, some of these provisions are prohibited, disfavored or offend ethical provisions.
James C. Sturdevant, Esq.
December 18, 2020