Q: Are confidentiality agreements and non-disparagement agreements related to sexual harassment claims unlawful? With the #MeToo movement, it became clear that often sexual harassment and assault claims don’t come to light, especially in the case of famous or wealthy serial harassers and serial predators. Once a person settled the lawsuit with a harasser, the settlement agreement typically included strict binding confidentiality provisions, which had the effect of buying the silence of the victim. For example, if you have a famous person such as Harvey Weinstein who was accused of sexually harassing a woman in connection with his duties as a movie executive, that woman could sue, and hopefully, get adequate damages for the suffering she incurred. But as part of…Read More