ABA Section of Litigation
Cross your heart and hope to die . . . and sign on the dotted line. Just as kids in playgrounds across the nation have secured the protection of their deepest childhood secrets with this age-old mantra, settlement agreements containing confidentiality provission have become routine for parties settling litigation. This custom of confidentiality, however, has been increasingly scrutinnize in recent years, leading to the emergence of a movement to ban sealed, court-approved secret settlements and...