USD School of Law Professor Orly Lobel Quoted in Newsweek Regarding Nondisclosure Agreements

Don Weckstein Professor of Labor and Employment Law Orly Lobel

San Diego (March 9, 2018) - University of San Diego (USD) School of Law Professor Orly Lobel was quoted in a Newsweek article that reported on nondisclosure agreements.

The article highlights the contract Stormy Daniels signed just before the 2016 election with President Trump.  According to the article, in the wake of Weinstein, #MeToo and Donald Trump, anecdotal evidence suggests that Daniels is not alone in abandoning the nondisclosure agreement (NDA). Women are more inclined to bust out of agreements that offered them cash in exchange for silence about sexual activity, abuse or harassment.

“I do think there are more challenges now to NDAs, and I think public policy, agencies and the judiciary are more open to not enforcing these contracts when there is a public interest to know,”  said Lobel.

She also cautioned that “courts certainly respect these clauses” and that if there’s a breach, they will give the employer whatever liquidated damages are in the agreement.

Lobel and other attorneys agree that it’s too early to tell whether average women, dealing with non-celebrity abusers and harassers, are defying confidentiality clauses at the same rate. “It is more important to transform the workplace than to settle,” Lobel said. “Shedding light on this is important.” And, she added, all the silence serves to maintain the status quo as far as workplace harassment is concerned.

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Lobel was also quoted in Huffington Post in a similar story. 

About Professor Orly Lobel

Orly Lobel is the Don Weckstein Professor of Labor and Employment Law at the University of San Diego, where she teaches and writes in the areas of employment law, intellectual property law, regulatory and administrative law, torts, behavioral economics, health policy, consumer law and trade secrets. Her current research focuses on innovation policy and intellectual property. Lobel ‘s works include Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free-Riding (Yale University Press, 2013); “The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality” in 88 Texas Law Review 1151 (2010); “Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations” in 97 California Law Review 433 (2009); Encyclopedia of Labor and Employment Law and Economics (Dau-Schmidt, and Harris, eds.) (Edward Elgar Publishing, 2009); “Behavioral Versus Institutional Antecedents of Decentralized Enforcement in Organizations: An Experimental Approach” in 2 Regulations & Governance 165 (with Feldman) (2008); “Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy” in 108 Columbia Law Review 2098 (with Amir) (2008); “The Paradox of Extra-Legal Activism: Critical Legal Consciousness and Transformative Politics” in 120 Harvard Law Review 937 (2007); and “The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought” in 89 Minnesota Law Review 342 (2004). Her articles have won several awards including the Thorsnes Prize for Outstanding Legal Scholarship and the Irving Oberman Memorial Award. Lobel is a frequent speaker at universities throughout Asia, Europe and North America. She was USD's Herzog Endowed Scholar for the 2012-13 academic year and was the 2013-14 recipient of USD’s Thorsnes Prize for Outstanding Legal Scholarship.

About the University of San Diego School of Law

The University of San Diego (USD) School of Law is recognized for the excellence of its faculty, depth of its curriculum, and strength of its clinical programs. Each year, USD educates approximately 800 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest and taxation.

USD School of Law is one of the 84 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 35th nationally and 6th on the West Coast among U.S. law faculties in scholarly impact and 20th nationally and 4th on the West Coast in past-year faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, independent, Roman Catholic university chartered in 1949.


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