This is a very worrying case from the point of view of a lawyer. And be aware that this is not a unique case among most public and federal courts in the country. It seems that, wherever you are, the acceptance of a non-denigration clause in a contract, such as for example. B a settlement agreement, can expose you to terrible consequences if you say something that the other party could “denigrate” in some way. Maybe it`s nonsense. Your words don`t have to be false, defamatory, or even feisty. You can say or write something to anyone – to your friends, family or on social media – and if it can be interpreted as “pejorative”, you risk violating your transaction agreement. You can be sued and depending on what is written in the agreement, you may have to refund the proceeds of the transaction and any damage that the hated party can prove you were caused by the denigration. Even worse, under Arizona law, because the claim arises from a contract, you could be taken to pay the attorneys` fees and expenses of the party who sued you. Following the Financial Times` revelation about the Presidents Club, which held a charity event during which hostesses were allegedly groped – the newspaper reported that female hostesses had been tricked into signing confidentiality agreements.

A confidentiality agreement (NDA) is a legal agreement signed between two parties in order to exchange secret information or keep business secrets confidential. Employment contracts typically use gag clauses as well as confidentiality agreements. For example, the employee could be subject to a strict confidentiality agreement with respect to business, trade secrets and terms and conditions of employment. However, the employment contract may include an additional gag clause that relates to the period after the employee has left the company or been dismissed. A worker could be subject to a gag clause, since it relates to the general conditions of sale of his former employer or, possibly, to confidential information about current employees. Example: I can`t talk about the terms of my dismissal because I`m under a strict gag clause from my former employer. This is a contract by which the parties agree not to disclose information covered by the agreement, such as patient medical secrecy or the privilege of a lawyer. Non-disparaging clauses are widely used in employment contracts and termination agreements. The same risks and advice apply, although the EEOC and other government agencies have recently expressed concerns about whether some denigration clauses could go too far in illegally prohibiting employees or former employees from filing legitimate but “derogatory” charges with these agencies.

As a result, many denigration clauses today make exceptions for filing such fees, and you should ask yourself this exception and any other that might apply to you if you sign one. For example, if there is an agreement that is broken and is a matter of public interest and there is a strong argument that it should not be concealed. Confidentiality agreements require the parties to keep the secret for a defined period of time. The confidentiality agreements made headlines after Harvey Weinstein`s former assistant said she broke one to talk about alleged sexual harassment by the disgraced movie mogul. You settle your case and the accused agrees to pay you a lot of money. All that remains to be done is to sign a “standard” settlement agreement prepared by the accused`s lawyer.