New Scrutiny For NDAs In Sexual Harassment Matters

Law360 (June 24, 2019, 2:23 PM EDT) -- In the wake of the #MeToo movement, legal and regulatory scrutiny regarding the use of nondisclosure agreements by companies to resolve allegations of sexual harassment and misconduct continues to increase. Such scrutiny has recently featured prominently in two high-profile sexual harassment matters: the Wynn Resorts investigation and the various legal proceedings following the allegations against Harvey Weinstein.

Both in-house and outside counsel for companies with senior executives facing such allegations should take note of these developments, as they call into question whether the use of NDAs could in certain circumstances amount to investigatory obstruction, or a violation of ethical obligations....

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