ndas

Listen in on how some of our opinions on privacy and confidentiality have changed during our 10 years in the swinger lifestyle. The Suite-Talkers gave some interesting thoughts and of course that sparked a great conversation!

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My guests today are Mark Fenster of the University of Florida Levin College of Law and Dave Hoffman of the University of Pennsylvania Carey Law School. We’re discussing Mark’s recent article, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), forthcoming in The Marquette Law Review.

 Mark Fenster is the Marshall M. Criser Eminent Scholar Chair in Electronic Communications and Administrative Law at the Levin College of Law. His legal research has focused on government transparency, legal intellectual history, and constitutional limits on government regulation. He is the author of the book The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017), and his articles and essays have appeared in the California Law Review, Michigan Law Review, and the Iowa Law Review, among others. 

David Hoffman is the William A. Schnader Professor of Law and Deputy Dean at the University of Pennsylvania Carey Law School. Professor Hoffman is a widely-cited scholar who focuses his research and teaching on contract law.  His work is typically interdisciplinary, built through collaboration with co-authors from a variety of fields. He has engaged in the national conversation sparked by the #metoo movement, publishing a paper with a (then) Penn Carey Law student that argues that nondisclosure clauses in employment contracts violate public policy.

Further Reading:

Mark Fenster Bio, University of Florida

Dave Hoffman Bio, University of Pennsylvania

Mark Fenster, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), SSRN

David Hoffman & Erik Lampmann, Hushing Contracts 

Answers to listeners' questions: Can you trust other woodworkers, contracts, competition plus Etsy sales training and more on boric acid.


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Keith Johnson Custom Woodworking https://youtu.be/ADHV-0IsNxQ

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Read our blog post on the importance of M&A Focused NDAs here.

The need for NDA’s are critical and the ways they are beneficial / required are endless. When working with your advisor or managing a deal on your own be sure to protect your confidential information BEFORE engaging in any discussions. 

For more information on preparing for a transaction check out our available resources at revenuerocket.com

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Chronic stress impacts employee wellbeing, productivity and company performance.

With the World Health Organisation now classifying burnout as a workplace disease, employers need to understand their legal and moral duties to prevent, identify and manage this issue.

In this episode crammed with top tips and examples we look at:

• What causes burnout, from workplace factors like always-on technology and a culture of out-of-hours working to external events like Brexit anxiety
• How some companies are managing the risks, from mental health first aiders and regular wellbeing days to 32-hour working weeks and not delivering emails out of hours
• The lengths employers can be expected to go to ensure that someone can remain in employment – but does extreme burnout always require an extreme remedy?

In our news round-up we cover:

• A discrimination case involving an employee's social media post (read our latest article on social media issues);
• New legislation and guidance on the use of NDAs or "gagging clauses" (read Siobhan's comments in People Management); and
• Bereavement leave for pets – could this become law and how to deal with it.

Useful links from this episode:
The Stevenson / Farmer review
Equality Act 2010 Code of Practice
HSE stress risk assessment template

Send us your questions and we'll answer them in a future episode – email emplawpodcast@tltsolicitors.com or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Sign up to receive insights including our A-Z of employment law at tltsolicitors.com/signup

Finally, if you’ve enjoyed listening, please rate us and write a review.

The Me Too campaign has led to an increase in awareness of sexual harassment at work with companies needing to respond appropriately. In this episode, we look at:

• how companies are responding;
• how evidence is assessed at trial including emotional impact and banter;
• the impact of social media on claims and investigations;
• and vicarious liability for employers and the importance of training.

We look at forward-thinking initiatives from the US like the legal obligation to provide training and the use of 'love contracts' or 'relationship contracts', and whether these are likely to be used in the UK.

NDAs or 'gagging clauses' as they're often known are often misunderstood due to the way they're reported in the media – we look at what an NDA is and whether they're likely to be further regulated in the future.

We also cover the latest news, including what we can learn from the UK's gender pay gap reporting data (including for millennials) and how this regulation might evolve, including the likelihood of sanctions.

Send us your questions and we'll answer them in the next episode – email: emplawpodcast@tltsolicitors.com or tweet us using the hashtag #TLTemploymentpodcast and tagging @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Sign up to receive insights on employment law at tltsolicitors.com/signup

Finally, if you’ve enjoyed listening, please consider writing a review.