A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement. Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim.Confidentiality clauses in settlement agreements present unique risks to both attorneys and their clients. Confidentiality clauses in settlement agreements are the rule these days. Read about the ethical and practical issues of confidential settlement agreements. Confidentiality clauses are one of the 'takes' from our client and at a base level restrict their ability to discuss the settlement with others. 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. You should not sign a confidentiality clause in a settlement agreement if you do not plan on keeping your settlement confidential. File a partition suit (force the sale of the property) and demand an accounting and sue Christina for any funds that you were entitled to receive.