A settlement agreement is enforceable when its terms are expressed in language sufficiently plain and explicit to convey what the parties agreed upon. The Federal Tax Court held that confidentiality provisions in releases of personal injury claims are of the nature of compensation for nonphysical injuries.A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement. Once a complaint has received a probable cause determination, the parties may only enter into a settlement agreement with the consent of the Division. Feedback. Fulton Settlement Agreement. File. File Text Pages Notes Results. Search. Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim. In general, New York courts uphold confidentiality clauses as long as they do not violate public policy or interfere with a party's statutory rights. Defense lawyers routinely include a confidentiality clause in a proposed release when there is a large settlement. Accurate and complete Statement of Material Facts shall result in a denial of the motion.