Why not? Is it common for NDAs/non-disparagement agreements to also have a clause stating the parties aren’t allowed to tell anyone about it? I’ve never heard of this outside of super-injunctions which seems a pretty separate thing
Absolutely common. Most non-disparagement agreements are paired with non-disclosure agreements (or clauses in the non-disparagement wording) that prohibit talking about the agreement, as much as talking about the forbidden topics.
It’s pretty obvious to lawyers that “I would like to say this, but I have a legal agreement that I won’t” is equivalent, in many cases, to saying it outright.
Why not? Is it common for NDAs/non-disparagement agreements to also have a clause stating the parties aren’t allowed to tell anyone about it? I’ve never heard of this outside of super-injunctions which seems a pretty separate thing
Absolutely common. Most non-disparagement agreements are paired with non-disclosure agreements (or clauses in the non-disparagement wording) that prohibit talking about the agreement, as much as talking about the forbidden topics.
It’s pretty obvious to lawyers that “I would like to say this, but I have a legal agreement that I won’t” is equivalent, in many cases, to saying it outright.
my boilerplate severance agreement at a job included an NDA that couldn’t be acknowledged (I negotiated to change this).