NDAs Weaponized via Private Arbitration

When non‑disparagement clauses are enforced in private arbitration, they can operate like prior restraint—halting book promotion and deterring testimony with per‑breach penalties. In high‑profile cases, this lets powerful firms suppress whistleblowing without public court scrutiny. — It shows how private contracts and arbitral forums can mute public debate, pressing lawmakers to revisit NDA limits and arbitration rules in whistleblower contexts.