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Is It Time to Cancel Nondisclosure Agreements?

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"Is It Time to Cancel Nondisclosure Agreements?"

“Quite honestly, you don’t give yourself any further protections at law for having put those documents in place,” says Susan Hackett, CEO of law practice management consulting agency Legal Executive Leadership.

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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