In other words, civil transaction agreements between current and former teams and employees may continue to include confidentiality rules, as most transaction agreements do. But the NFL will require that exceptions be recognized: (1) allow the team to report the incident that led to the transaction, to the league office; and (2) to allow the current or former employee to cooperate with an NFL investigation. Frankly, there should be no prohibition on the use of the NDA, as it relates to the notification of an incident, as the team should report the incident well before it is the subject of a signed and sealed confidentiality agreement. The Personal Behaviour Directive requires immediate notification of all allegations that, if any, would lead to an offence. Therefore, if the transaction agreement with the NDA relates to allegations that, if true, would constitute a violation of the Personal Behaviour Directive, disclosure to the league office should take place at the time the team first becomes aware of the allegation of misconduct at work. I just think that if a player spends years in a team, then he changes teams, do they have some kind of agreement with the previous team that prevents them from revealing the peculiarities of their playbook, coaching techniques, etc.? If not, is it a problem when teams release certain players? All of this is now relevant if you look at a Washington Post story that details the sexual harassment allegations of 15 separated women inside the Washington franchise – including the fact that several women have told the media home that they could not speak publicly because of confidentiality agreements. According to the newspaper, the franchise refused to fire the women from their NAAs to speak publicly. Everyone`s a lawyer these days. And even though there is a pattern of misconduct, the problems between the two parties were resolved when the NDAs were signed. What is the point of an investigation if two parties have agreed? Just as clubs should ensure that their employment contracts contain watertight confidentiality obligations, clubs should ensure that their agreements with contractors and third parties impose explicit confidentiality obligations on one-third, along with the obligation to impose equivalent confidentiality obligations on their employees. In cases where clubs intend to disclose particularly important information, clubs should consider entering into stand-alone confidentiality agreements, in addition to confidentiality obligations that may already be included in employment contracts, service contracts or other agreements with third parties.
It also tells the recipient that the information disclosed is confidential. It was one of the little sordid tools whose audience was very familiar at the time #MeToo, and it was unmasked several times in stories of abuse in Hollywood, Corporate America, politics and, as it turned out, within the NFL PANTHERS. In a report to Goodell, White explained how Richardson had paid funds to obtain confidentiality agreements and hide those matters from the league. In doing so, Richardson protected his own behavior from the NFL`s personal behavior policy.