Since accusations of sexual misconduct against former Hollywood producer Harvey Weinstein have rocked the entertainment industry, the #MeToo movement has been a powerful force in detecting sexual harassment and assault throughout the business world. However, with the increasing use of the "Weinstein" clause in the M-A agreements and in private equity investment documents, the influence of the #MeToo movement has finally reached the transaction community. But even if your state doesn`t prohibit confidentiality rules, it`s worth making sure the parties have thought about the effects of these provisions before signing. This is because the agreements themselves will be able to exercise control over employers in the future. Or an employee may change his or her mind about keeping a tally secret. Private employers generally require workers to sign confidentiality agreements at the beginning of their employment in order to protect the company`s trade secrets and business information. Typically, these contracts have a provision that defines the term "confidential information," followed generally by examples of the types of business information that the contract is intended to protect. Depending on the wording at issue, the definition of "confidential information" may contain information about illegal behaviour in the workplace. Because workers are generally allowed to talk about workplace harassment, employers in the past have relied on confidentiality clauses in transaction contracts to exclude public statements after the transaction is signed. "We know we won`t do what the police and fire do. That is not what we are asking for. 1. Make sure that your "Me Too" clause is clearly defined so that unions understand what is included in Clause 3 and what is not.
If there is a dispute over the value of an agreement, the onus is on the union to show how the company may have breached the agreement. The #MeToo movement highlighted confidential transaction agreements and how they might prevent victims from speaking out. However, as dispute resolution experts, we are not used to thinking about the problem in these terms. We generally focus on what the parties want and how we can help them meet those needs in a consensual way. But the controversy over confidentiality agreements is not an issue we can ignore. And it will probably appear in our daily practice. Affirmative statements. Transaction agreements sometimes contain provisions requiring the parties to speak positively. B as a positive reference or letter of recommendation.