On June 5th, SKV Partner Karima Maloney and Associate Samantha Jarvis presented to over 100 participants virtually via Zoom at the 30th Annual Conference on State and Federal Appeals. The two spoke on the topic of:
The Right to Retain Silence?
The Enforceability of NDAs After #MeToo
The role of nondisclosure agreements in settling sexual misconduct claims has gained widespread media attention following the #MeToo and Time’s Up movements, the 2016 presidential election, the criminal trials of Harvey Weinstein and Bill Cosby, and the ouster of prominent figures such as Bill O’Reilly and Matt Lauer. The use of NDAs—typically used to protect trade secrets and other business confidential data—to shield claims of sexual misconduct from public scrutiny has raised complex legal, ethical, and moral questions, and has stirred a debate over whether courts should enforce these agreements. A focus on the enforceability of such NDAs under Texas law, including the factors courts would examine in deciding whether such contractual provisions violate public policy.