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Confidentiality and non-disclosure provisions in settlement agreements are among the most typical components in the resolution of many disputes. However, these confidentiality provisions have recently come under public scrutiny because of the perception that they “silence” those who have experienced sexual harassment and mistreatment, particularly in light of the growing #MeToo and #TimesUp movements.

Many people on the other side of the debate would argue that confidentiality provisions can be helpful to all parties in resolving disputes, and in many instances confidentiality is requested by all sides. Moreover, not all people accused of unlawful conduct would ultimately be found liable by a jury, and one can hardly fault someone for wanting confidentiality to ensure that his or her career or life will not be damaged by the surfacing of a potentially untrue allegation.

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