Very few cases initiated in courts end up going all the way through trial. As a result, settlements of disputes are common. Parties negotiating a settlement may have particular interests to address in an agreement—but a common issue (either as a requirement or a sticking point) is whether to require confidentiality regarding the settlement.

Incorporating a confidentiality clause in a settlement agreement can pose unique considerations for parties and their lawyers. Here are some tips for determining whether a confidentiality obligation is appropriate and how to comply with the same.