Harvey Weinstein and the Trashed Employment NDA: Part 1 of 2 - by T Price

Updated: Jan 9

Here's the link to the NDA. Zelda Perkins was not even allowed to keep a copy of her settlement and non-disclosure agreement (NDA) signed in October 1998, in the wake of Harvey Weinstein's attempt to rape a woman Ms Perkins had recently hired, but she broke her silence 20 years later.

There were no legal consequences for Ms Perkins, and Harvey Weinstein had effectively repudiated the agreement anyway because he had gone on to offend against other women. In an article to follow we'll explain what the potential implications might be for enforceablility of employment settlement agreements in NZ that have similarly been used to cover up serious wrongdoing.

In Part 2 of 2 we'll examine the possible "innovation" of a Wellington lawyer who had a stint at the London firm that drafted the Perkins - Weinstein NDA, around 20 years ago, and how the method that was quietly exported to New Zealand through CPD seminars was used more for gagging whistleblowers than dealing with sexual harassment. We will also explore how the Limitations Act 2010 may be used to restore unfettered rights of free speech to employee parties to three particular NDAs signed in 2014 (importantly, more than six years ago), all involving public sector and local government entities.

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