Legal Brief: Keeping Settlements Quiet

Types : Bylined Articles

A confidentiality clause can be the difference between a discreet resolution and a target on your back.

It is hard to grow a business, and it is hard to protect it. Hiring good people, making smart investments, maintaining proper insurance, and following the advice of your trusted advisors, especially your legal counsel, are some of the ways you can help protect your company.

But business disputes cannot always be avoided. When they arise, you must deal with them intelligently. Sometimes that means a settlement. Sometimes it means fighting to the end.

If you fight, even for a short while, you may have to litigate or arbitrate. Some prefer litigation because it is public, which is good and bad depending on the case. Courts also carry broader authority to compel testimony, enforce judgments, and consolidate related claims. And because courts are not for profit, you are not paying a private arbitrator by the hour to hear your case. Others prefer arbitration because it is generally assumed to be more efficient (I do not agree) and less expensive (definitely not), though it is private and confidential, and that part is true.