Hollywood celebrities, prominent business executives, and political figures have all been in the news in recent months regarding attempts to conceal salacious allegations made against them by entering into settlements containing confidentiality clauses. As part of the outcry in response to such reports, some have suggested that the public’s right to information identifying potential misconduct should take precedence over attempts to hide misconduct in exchange for payment.

However, while the stakes may be especially high for public figures, confidentiality can be an issue for any settlement, even if the subject matter might not make the nightly news. Indeed, attorneys routinely advise clients on the pros and cons of settlements and confidentiality can be an essential term in many instances.