Non-Disclosure Agreements and the #MeToo Movement

The #MeToo movement has turned a spotlight on confidential settlement agreements and how they might prevent victims from speaking out. Although media coverage has largely referred to “non-disclosure” provisions as a single thing, the phrase refers to several different contractual provisions that might restrict a party’s ability to speak. Understanding the ways these different provisions work can put dispute resolution professionals in a better position to help parties navigate the available options.