Thomas Neville@goobermunch.bsky.social·2026-09-27T19:45:20.151Z
Even if the California legislature banned non-competes, I can't see it banning confidentiality clauses in settlement agreements. Think about who'd object: the California Medical Association, every insurer in the state, the plaintiffs' lawyers, the defense lawyers, the Chamber of Commerce...

Thomas Neville@goobermunch.bsky.social·2026-09-27T19:45:20.152Z#
...the California Judiciary, every business that has ever been sued, half of the businesses that have filed suit. Because banning confidential settlement agreements ends the settlement of claims both before and after litigation commences. The financial impact alone would be huge.
Thomas Neville@goobermunch.bsky.social·2026-09-27T19:45:20.153Z#
Also, nobody would ever be able to get out of jury duty again. Because you'd have to try every case. It would be bedlam.
Coba Weel 🏳️‍⚧️@weel.bsky.social·2026-09-27T20:03:17.426Z#
There are so many rules specific to employment. Exit agreements are effectively part of employment conditions and there are protections for discussing those with coworkers and the idea that you can make those go away by firing somebody is outrageous tbh.
Coba Weel 🏳️‍⚧️@weel.bsky.social·2026-09-27T20:07:15.988Z#
They literally put in clauses that you cannot ever say anything negative about management ever.
Coba Weel 🏳️‍⚧️@weel.bsky.social·2026-09-27T20:10:58.252Z#
And it’s not like these are negotiated settlements. They’re presented as routine paperwork. Just because a dirty trick is common doesn’t make it acceptable.
Liz Fong-Jones (方禮真)@lizthegrey.com·2026-09-27T20:12:17.234Z#
yeah, @dataandpolitics.net and I were just lamenting that :(
Thomas Neville@goobermunch.bsky.social·2026-09-27T20:11:44.366Z#
I’m familiar with the standard terms of severance agreements. I’ve negotiated more than a few. I hate nondisparagement clauses because they just tend to lead to more litigation because they tend to be drafted poorly. But that’s not the same as a clause that says the terms of this agreement will…
Thomas Neville@goobermunch.bsky.social·2026-09-27T20:11:44.367Z#
…be kept strictly confidential. And I have seen cases where confidentiality provisions are valuable to the injured party as well as the defendant.