Confidentiality and Non-Disparagement Provisions After 'McLaren'
A recent NLRB decision, McLaren Macomb changes the landscape for including confidentiality and non-disparagement clauses in pre-filing employment severance and settlement agreements. This article discusses the important decision, its impact on settlement negotiations and provides practical suggestions for employment attorneys negotiating pre-suit settlements.
May 11, 2023 at 10:00 AM
10 minute read
Employment LawConfidentiality and non-disparagement provisions are customarily included within employment severance and settlement agreements. Both employers and employees are often interested in defining the parameters of confidentiality to go beyond simply protecting proprietary information, trade secrets and business plans, and extending to cover an agreement's entirety, including monetary terms and the underlying, often disputed, circumstances.
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