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The Not-So-Confidential Confidential Settlement Agreement

This might be interesting:

https://www.law.com/newyorklawjournal/almID/1202585976193/?slreturn=20171028055458

In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, writes that The majority and more recent rule in federal courts is that settlement agreements are to be treated like any other document, that is, that Rule 26's relevancy standard applies to the disclosure of settlement documents - even those expressly containing a confidentiality provision.
By Thomas E.L. Dewey | januari 29, 2013

When parties enter into a confidential settlement agreement can they actually count on the agreement remaining confidential? As it turns out, probably not. New York state court rulings with respect to discovery by nonsettling parties confirm that the confidential settlement agreement is not so confidential after all. This, along with the 2003 amendment to the CPLR, which is widely understood to have been made to generate revenues,1 requiring the terms of the settlement to be filed with the county clerk, all but ensures that strict confidentiality cannot be achieved in New York. In New York federal courts the confidentiality of settlement agreements fares no better. The only issue there is exactly what standard courts use in determining whether to allow disclosure of a confidential settlement agreement.