Hard to say what I'd do when I haven't been in that situation, but in a past dispute with a large company, I felt I had the freedom to make them pay for their d

Hard to say what I'd do when I haven't been in that situation, but in a past dispute with a large company, I felt I had the freedom to make them pay for their desired confidentiality. (It wasn't quite like this situation, but somewhat similar.) I demanded a 60% premium over their "final" offer for the confidentiality clause. They told me to take a walk, but reversed and paid after my lawyer contacted them. (the 60% was basically pulled out of my nether bits; it was a wild guess at what they might value it at.) I'd recommend anyone in a similar situation putting a price tag on the gag clauses, if they can afford it. Aside from many other issues, it is a nasty tactic that is bad for markets, because it increases economic inefficiency by increasing information asymmetry.