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Questions tagged [non-disclosure]

Non-disclosure agreements

126 questions
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Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud?

Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud? In the United States, is there some kind of law that protects people when they violate their NDA in order to show that a crime was committed be…
user25884
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3 answers

Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?

Larry the Leaker is high up in the US government, and has access to highly classified information/documents. He goes to John the Journalist, and tells him to publish all of it. Obviously, Larry has agreed to a bunch of stuff telling him not to leak…
chausies
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How would one comply with a court order to unpublish unlimitable information?

(If this has been asked, please deduplicate; I searched but couldn't find anything similar. Thanks!) This is wholly hypothetical, I hope. Let's have two people, "Alice" and "Bob". Alice publishes some data that, for whatever legal reason, they ought…
Corbin
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What is the value in adding an email confidentiality notice?

The company I work for adds a disclaimer on the bottom of each email. I was wondering if it had any value. I'll list part of it below: CONFIDENTIALITY NOTICE: This e-mail message is for the sole use of the intended recipients. ... may be…
Mitchell Kaplan
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5 answers

Could a contract prevent someone from talking to the authorities?

Would a contract (such as an NDA or non-disparagement agreement) be enforceable if it prevents a person from talking to the authorities such as: the police the labour board starting a lawsuit responding to a subpoena I noticed a common phrase in…
CoriolisForceFighter
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4 answers

Is a person free to say anything before signing an NDA?

Lots of settlement agreements contain non-disclosure agreements (NDAs) and non-disparagement agreements. In theory, could the creditor say/post anything they like about the debtor with no repercussions before agreeing to the settlement? If the…
StumpTheCheff2
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In which US states are hush money payments illegal?

I was just reading something from the New Yorker magazine which stated: “Paying hush money is not a crime under New York state law,” Mark Pomerantz, a lawyer who worked in the D.A.’s office, wrote, in “People vs. Donald Trump,” an insider account…
blue_ego
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Declaration of intent to breach as cause of legal action

Say that "James" does work under a valid nondisclosure agreement. During an argument with his manager, he declares that he intends to leak information covered by the NDA. Is there anything the employer can do to preemptively stop him, or must it…
In Hoc Signo
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Have email disclaimers been tested in court?

Every company these days has the standard confidentiality disclaimer at the bottom of their email signature. However, researching this online reveals that their effectiveness is somewhat dubious. My question is: Has the legality and power of email…
Jeremy Morren
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Can I disclose terms of a settlement when I don't accept it?

I've been involved in a Mass Tort lawsuit against a drug company for several years. Recently, a confidential settlement agreement was reached between the law firm representing me and the drug company. I don't intend to agree to the settlement…
Andrew
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Are NDA's that include illegal activity legally binding?

With the recent outpouring of sexual assault allegations, I've been hearing the phrase "Non-disclosure agreement," thrown around quite frequently. Suppose a woman is sexually assaulted at work, and is given an NDA to sign. Can the company legally…
mcchucklezz
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Can a person who didn't disclose a pattern of abuse due to NDA be liable to later victims?

Steve Lehto raises an interesting question in a recent video here. Suppose someone is abused, harassed, treated unfairly in a business deal, suffer from a defective product, etc. They seek recourse and get it, but part of the deal is a…
Harper - Reinstate Monica
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Is forced arbitration combined with nondisclosure agreement enforceable?

Consider a company which combines a non-disclosure agreement with an arbitration agreement in an attempt to prevent employees from sharing sexual harassment anywhere (online, media, etc), even if the employee proved it in arbitration and won the…
pi squared
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Duty to disclose to shareholder vs. confidential information

I was talking with friends about Apple switching from Intel CPUs to their own, and an interesting question popped up. Since we're not privy to any of the details, this is purely speculative and out of curiosity. Apple has been a customer of Intel…
Thomas
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Can a document with a confidentially clause be submitted to a court even if it wasn't subpoenaed?

If two parties make a contract that contains a confidentiality clause, if one party breaches it can the other still enforce the contract in court? For example a dispute arises between Party A and Party B. A settlement is reached where Party A agrees…
CoriolisForceFighter
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