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HU Non Disclosure Agreements & Mandatory Arbitration Clauses Discussion
You are a political consultant who has been hired by a first-time political candidate to give them political and legal advice on the following issue:
Non-disclosure agreements are a useful tool for the business community to manage their litigation and business risks. Mandatory arbitration clauses in those agreements are also very useful in managing litigation risks.
However, some businesses use non-disclosure agreements and mandatory arbitration clauses when dealing with claims of sexual harassment (read the Latif v Morgan Stanley
The candidate want to receive support from the business community. They also want to receive support from unions and local community activists. It seems like a no win situation for your political client because taking a side will alienate the other
Explain the following to the political candidate and take a position on whether they should support banning NDAs with mandatory arbitration clauses:
- the issue to the candidate
- the existing law surrounding this issue
- offer legal advice to address this issue
- offer political advice
