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The Public Dangers of Private Confidentiality Provisions and Gag Orders

It is common to find confidentiality provisions in settlement agreements, where a wrongdoer seeks to keep all harmful information from getting out to the public. Confidentiality provisions are often accepted because the risks of passing up a settlement (the proverbial bird in the hand) are too great to warrant being left without any compensation for one’s injuries.

Confidentiality provisions are especially common where a wrongdoer is alleged to have injured multiple victims, because if one person settles, any information they have ...

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