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Nondisclosure agreements revisited in the wake of #MeToo

Friday, May 04, 2018 @ 8:35 AM | By Jonquille Pak

Private settlement agreements in wrongful dismissal claims typically require that the claimant agree to maintain strict confidentiality regarding settlement terms. However, in contentious wrongful dismissal litigation, some employers seek to impose broad nondisclosure terms that extend well beyond the terms of settlement, but in fact, seek to silence the claimant from revealing or discussing embarrassing facts or allegations underlying the legal claim. Until recently, such confidentiality restrictions have not been highly contentious or controversial.

While confidentiality is difficult to monitor on a practical level, the consequences...