Nondisclosure agreements, or NDAs, are contracts typically between an employer and an employee. These were originally created to protect a company’s confidential information, by ensuring that employees can’t disseminate it. NDAs have become commonplace corporate practice to protect confidential information such as trade secrets, or “proprietary processes”. However, there are two general areas that employers have exploited the use of NDAs in recent years. The first has been uncovered through the #MeToo Movement, and the second has recently come to light with the Theranos trial.
This post was originally published on the Cardozo International & Comparative Law Review on October 25, 2022. The original post can be accessed via the Archived Link button above.
Bratt, Shira, "The Exploitations of NDAs in Theranos: Exposing the Gaps in DTSA" (2022). CICLR Online. 55.