USD School of Law Professor Orly Lobel’s Work Referenced in Fortune Article about Nondisclosure Agreements and Cover-Ups

Professor Orly Lobel’s Work Referenced in Fortune Article about Nondisclosure Agreements and Cover-Ups

Professor Orly Lobel

SAN DIEGO (October 6, 2020) – University of San Diego (USD) School of Law Warren Distinguished Professor of Law Orly Lobel’s work was recently referenced in the Fortune article “NDAs bear blame for some of the worst corporate cover-ups. How that should change,” about how newer nondisclosure agreements are enabling corporate concealments in cases of wrongdoing. The Fortune story links to a March 2019 article in The Atlantic written by Professor Lobel titled “Trump’s Extreme NDAs: His nondisclosure agreements are draconian,” which discusses how the Trump family’s nondisclosure agreements (NDAs) trace their roots back to the 1970s when tech companies were concerned about protecting trade secrets.

The Fortune article explains that the reach of these early NDAs has expanded, along with the power of the corporations they serve to protect, over the past fifty years. According to the article, a side effect of a change in these documents is that they have now transformed to resemble “gag orders,” preventing employees from protections in speaking up as a whistleblower when they witness corporate wrongdoing.

To read to the full article by Ariella Steinhorn and Vincent White from Fortune, please click here.

To read Professor Lobel’s article from The Atlantic, please click here.

About Professor Orly Lobel

Warren Distinguished Professor of Law Orly Lobel's areas of expertise include Intellectual Property, Employment and Labor Law, Government Agencies, Employment Discrimination, and Regulation. She has received numerous awards in recent years, including the Thorsnes Prize for Outstanding Legal Scholarship and the Irving Oberman Memorial Award. Her two latest books have won several prestigious awards.

About the University of San Diego School of Law

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 law, 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 36th nationally among U.S. law faculties in scholarly impact and 22nd nationally 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.


Beth Colton
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