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.
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.