Is It Time to Cancel Nondisclosure Agreements?

Nondisclosure agreements are having a moment. And it’s not a particularly good one.

Harvey Weinstein, now serving a 23-year prison sentence, used confidentiality contracts in an attempt to keep his sexual assault victims quiet. His case—and other similar cases—spurred #MeToo-related legislative proposals throughout the country to ban NDAs related to sexual assault, harassment and discrimination claims.

More recently, the Justice Department cited a secrecy agreement in its attempt to block former national security adviser John Bolton from publishing a memoir, “The Room Where It Happened,” about his time with the Trump administration. The government’s Corporate Counsel 3 argument has sparked new scrutiny over how NDAs are wielded to keep former employees silent.

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