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Civil Litigation,
Labor/Employment,
Corporate

Nov. 22, 2017

States are reining in NDA abuse

State Sen. Connie M. Leyva has announced that she will introduce legislation to "ban secret settlements (confidentiality provisions in settlement agreements) in sexual assault, sexual harassment and sex discrimination cases."

Anthony J. Oncidi

Partner, Proskauer Rose LLP

labor & employment

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 284-5690

Email: aoncidi@proskauer.com

U Chicago Law School

Anthony is chair of the West Coast Labor and Employment Department of Proskauer in Los Angeles.

Yonatan L. Grossman-Boder

Proskauer Rose LLP

Yonatan is an associate in the Labor and Employment Department in Proskauer's office in New York City.

New York State Sen. Brad Hoylman talks in Albany, N.Y., Jan. 4. (New York Times News Service)

With the avalanche of new sexual harassment allegations and lawsuits has come an increased focus on the confidentiality provisions that frequently accompany the settlement of such claims. Several state legislatures are looking to restrict or even outlaw these provisions, which are generally known as nondisclosure agreements, or NDAs. While prohibiting NDAs may seem like a good idea in theory, there are definite drawbacks not only for the parties involved in such litig...

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