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While Washington and California have passed Silenced No More Acts, other states, including New York, Illinois, New Jersey and Oregon, have enacted their own NDA-narrowing provisions that cover all forms of employment discrimination. One By One, States Are Banning NDAs To Protect Workers - Law360 law360.com ? articles ? one-by-one-states-ar... law360.com ? articles ? one-by-one-states-ar...
Example: Confidentiality Clause None of the parties shall disclose to any person or use for any purpose any confidential information of the other as a result of entering into this Agreement. This restriction shall continue to apply after the expiration or termination of this agreement without limit of time.
A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.
For example, NDAs that prevent an individual from reporting illegal or unethical activity in the workplace may be deemed unenforceable because they interfere with important public policy goals, such as maintaining the integrity of the workplace and preventing discrimination or harassment. A Deep Dive into 5 Challenges of Non-Disclosure Agreements (NDAs) lexisnexis.com ? thought-leadership ? posts lexisnexis.com ? thought-leadership ? posts
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
The law makes it illegal to enforce an NDA that would prevent a sexual harassment or assault victim from speaking out about their allegations. The law makes it clear that it applies to any claim that is filed after the date that the bill was signed into law, regardless of when the NDA was dated. New Federal Law Bans NDAs in Sexual Harassment Cases mehaffyweber.com ? news ? federal-law-ba... mehaffyweber.com ? news ? federal-law-ba...
Massachusetts Law on Non-Disclosure Agreements: If you violate the provisions of a legally valid non-disclosure clause, your employer may sue to enjoin your activities and prevent you from continuing to engage in wrongdoing.
In California today, NDAs still carry validity and soundness in court so long as they are executed precisely, legally, and firmly; however, there are some circumstances in which an NDA may not be upheld due to SB820 and the expansions formed in SB331 (discussed above). Enforcement of Non-Disclosure Agreements in California skassellaw.com ? enforcement-non-disclosur... skassellaw.com ? enforcement-non-disclosur...