Confidentiality and non-disparagement provisions are customarily included within employment severance and settlement agreements. Both employers and employees are often interested in defining the parameters of confidentiality to go beyond simply protecting proprietary information, trade secrets and business plans, and extending to cover an agreement’s entirety, including monetary terms and the underlying, often disputed, circumstances.

Mutual non-disparagement provisions deter the parties from making negative statements harmful to the reputation of the other.

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