Confidentiality Order May Not Be Added to Settlement
Confidential settlements are becoming (too) commonplace. Despite the fact that parties frequently insist on them, they are not included in a negotiated agreement by default. In other words, if a party wants confidentiality, the party can ask (and presumably pay) for the right. Although it came up in a unique procedural posture, the Third Circuit Court of Appeals recently recognized that confidentiality provisions in settlements are additional substantive conditions on enforcement. Read the opinion here. A good case cite if you have an opposing party who wants to throw in a confidentiality provision after you've already reached an agreement on settlement amount and other critical terms.