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Presidents Club scandal: What is the point of an NDA?

Go to the profile of Jonathan Ames
Feb 01, 2018
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Go to the profile of Nick Hurley
Nick Hurley 3 months ago

Interesting article. Two points. First, it is trite law that for reasons of public policy a gagging agreement cannot be effective against the reporting of crimes and genuine whistleblowing. Has anyone considered that the use of the NDA in this case was a legitimate attempt to reinforce the employees implied obligations of trust and confidence in the event and high profile guests attending rather than to shield the egregious actions of a few bad apples? Secondly, I find it unsettling that the media continues to try and demonise lawyers that were involved in advising on aspects of this event. This guilt by association is absurd and dangerous. If lawyers should turn work away when guilt/liability has not been determined (or probably not even on the radar) and refuse to represent clients on moral grounds then all defendant criminal lawyers would be out of work and the right to fair representation would be seriously undermined.