Out of the Stormy Daniels affair, the #MeToo movement, and the Larry Nassar scandal, a common practice has risen to the national forefront: the use of nondisclosure agreements. Nondisclosure agreements (NDAs) are written agreements between two or more parties to enjoin or prohibit a party from discussing specified matters with others. Put differently, NDAs are a purchase of silence. With increasing attention given to NDAs in print and television, they are under more scrutiny than ever, and their use brings up complex legal and ethical issues.
NDAs, at their essence, are just another type of private contract between parties. Just like with all contracts, they are enforceable by law and will be interpreted according to its provisions and applicable law. Parties who sign NDAs and later breach the agreement can be subject to damages, including having to pay back any settlement payment they received.
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