In the midst of the #MeToo movement, companies are coming under scrutiny for the manner in which they handled sexual harassment claims, that are decades old in some instances. The repercussions have been dramatic and, in some cases, very damaging.
One of the biggest fallouts has been about confidentiality agreements that prevent victims from disclosing the terms of settlement. Critics claim that demanding confidentiality stifled the voices of the victims and perpetuated the problem by keeping the incidents hidden.
The Weinstein Effect
An October The New York Times and The New Yorker collaboration reported that more than a dozen women accused Hollywood producer Harvey Weinstein of sexual assaults, rape and harassment. Since then, dozens more women have come forward to accuse Weinstein of sexual harassment and assault in the workplace. Accusations against dozens of other celebrities in the media, corporate, financial, restaurant and sports industries soon followed.
Your employees are your most important assets, but they are also the biggest threat to your confidential information. A non-disclosure contract protects your business from disclosure of confidential information and establishes means of enforcement and penalties for breach.
An ounce of prevention is worth a pound of cure. This well-known saying perfectly describes the value of a contract that avoids future disputes. When a dispute does arise, the contract should establish clear guidelines to reach an efficient, favorable resolution for your company.
The contract is the backbone of any transaction. A strong contract protects your business’s interests, clearly addresses key issues and avoids disputes. Negotiating a favorable contract is an art that requires strategy, knowledge and preparation. Here are some techniques that can help you negotiate the best contract possible.