Every lawyer who has ever resolved an employment dispute between an employer and an employee has thought about "it" when evaluating terms of a settlement agreement. In these circumstances, "it" is a nondisclosure agreement (or NDA) which, after signing, largely governs what the parties can say about a case. Confidentiality clauses, while no stranger to employment law issues, has its origins in business disputes. In business, NDAs have been used to protect confidential, sensitive, and proprietary company information from improper disclosure. Over the years, however, NDAs have also been used by high profile individuals like athletes, presidents (see here), politicians, and business leaders when settling sexual assault and sexual harassment claims. Defendants want an NDA to prevent unproven (but likely scandalous) allegations from seeing the light of day. Victims will often agree to an NDA as it helps increase settlement value. It would seem like a win-win for all involved.