Consider whether confidentiality will likely be a term. Confidentiality of the terms or existence of a transaction contract requires careful consideration of which communications must be limited and which must be authorized. Parties may agree that their private disputes should not be shared with outsiders or on social networks, but parties may need a withdrawal to comply with existing laws, regulations and court decisions that require disclosure. Carve-outs are often designed to include spouses and tax advisors. Of course, deterring violations of secrecy is a delicate balancing act. Inadequate punishment will not encourage compliance, while excessive punishment will not be applied by the courts. Therefore, the scope and sanction should be carefully considered, as well as the possible tax consequences in the event of the introduction of a confidentiality clause. The confidentiality of comparisons is controversial because it keeps harmful acts secret, as was the case in the scandal of sexual abuse committed by Catholics.  In response, some states have passed laws that restrict confidentiality. For example, in 1990, Florida passed a “Sunshine in Litigation” law that restricts the confidentiality of the concealment of public dangers.  In Washington, Texas, Arkansas and Louisiana, there are also laws restricting confidentiality, although judicial interpretation has weakened the application of such laws.  The U.S.
Congress proposed a similar “Federal Sunshine” in the Litigation Act, but was not passed in 2009, 2011, 2014 and 2015.  Confidentiality agreements that hide the secrets of the authorities in matters of infringement are probably not applicable, but a specific carveout giving access to regulatory authorities is generally not included.  Each action is different and it is impossible to know whether an agreement is a good idea until the parties reach a certain point in the process where an agreement might be possible. You and your lawyer will decide what is best for you. The transaction and confrontation between the parties is a contract between these parties and a possible (and common) outcome when parties continue (or are considering) in civil proceedings.