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Non Disclosure Agreement Affair

Bill Cosby, the 81-year-old comedian and actor whose reputation was so clean that he was given the nickname “America`s dad,” paid nearly $2.6 million to a basketball player, Andrea Constand, in a confidentiality agreement signed in 2006. Prior #MeToo, several states, including Florida, Washington and Louisiana, already had “sun in litigation” laws prohibiting confidentiality clauses when they conceal “public threats” such as threats to general health or safety. (The name is a reef on Judge Louis Brandeis` quote that sunlight is “the best disinfectant.”) In recent months, several states, including New York and California, have proposed, in accordance with #MeToo new legislation, to prohibit confidentiality clauses in contracts intended or effected to conceal discrimination or harassment. The tax law passed by Congress in December even contained a provision that does not allow the deduction for “any tally or payment related to sexual harassment or sexual abuse, if such billing or payment is subject to a confidentiality agreement.” The McDougal complaint states that an agreement that may compel a person not to speak on matters of public importance is “contrary to the fundamental principles of our system of government, including freedom of expression and conscience and freedom of the press.” Here`s a look at what confidentiality agreements are and what they`re used to, through these frequently asked questions: Weinstein had managed to protect his reputation for decades, often women bought silence in exchange for signing on an NDA. Her victims were accused of refusing to talk to an adviser about Weinstein`s attempted rape because she was “so afraid” of breaking the agreement. Weinstein had appealed to lawyers on both sides of the Atlantic to keep his now deeply discredited reputation intact. The president reportedly requested that doctors and other staff at Walter Reed`s National Military Military Medical Center sign confidentiality agreements when he made an unscheduled visit to the hospital in November 2019, NBC News reported, citing unidentified sources.