Internet Document Access May Justify Additional Settlement Clause
OPED: Typical confidentiality agreements prohibit parties from publicly elaborating on the settled matter, thus hampering a defendant's ability to combat reputational harm caused by the online publication of a complaint that contains unproven allegations.
June 17, 2021 at 12:00 PM
5 minute read
The internet has expanded the public's access to litigation documents, including the bad act allegation(s) disclosed in a complaint. Most litigations are amicably settled using confidential agreements. However, typical confidentiality agreements prohibit parties from publicly elaborating on the settled matter, thus hampering a defendant's ability to combat reputational harm caused by the online publication of the complaint. An additional settlement clause may be justified to ameliorate this difficulty.
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