Scholars warn that the growing use of confidentiality clauses in lawsuits has reached excessive levels, undermining public trust and access to justice. Legal agreements increasingly prevent details of cases—including settlements, evidence, and even the identities of parties involved—from becoming public record. Critics argue this trend stifles accountability and deprives the public of critical information about corporate misconduct, medical malpractice, and other high-stakes disputes. The practice raises concerns about whether transparency in the legal system is being eroded for the sake of privacy and settlement negotiations.
Secrecy in Lawsuits Has ‘Run Amok,’ Scholars Say The New York Times
