NDAs Are Problematic. That Doesn’t Mean Ban Them: Rosa Prince

When Harvey Weinstein’s retrial on sexual assault charges was playing out in a Manhattan courtroom earlier this month, events were closely followed 3,000 miles away where British lawmakers were mulling a change to their own laws on workplace misconduct.

As the catalyst for the #MeToo movement when his serial abuse of women first emerged in 2017, Weinstein has also sparked a debate around the use of nondisclosure agreements in jurisdictions across the western world. These are contracts between an employer and a departing employee originally designed to protect trade secrets, but which are increasingly used to cover up wrongdoing including discrimination, ...