Nondisclosure Agreements with Mark Fenster and Dave Hoffman

My guests today are Mark Fenster of the University of Florida Levin College of Law and Dave Hoffman of the University of Pennsylvania Carey Law School. We’re discussing Mark’s recent article, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), forthcoming in The Marquette Law Review.

 Mark Fenster is the Marshall M. Criser Eminent Scholar Chair in Electronic Communications and Administrative Law at the Levin College of Law. His legal research has focused on government transparency, legal intellectual history, and constitutional limits on government regulation. He is the author of the book The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017), and his articles and essays have appeared in the California Law Review, Michigan Law Review, and the Iowa Law Review, among others. 

David Hoffman is the William A. Schnader Professor of Law and Deputy Dean at the University of Pennsylvania Carey Law School. Professor Hoffman is a widely-cited scholar who focuses his research and teaching on contract law.  His work is typically interdisciplinary, built through collaboration with co-authors from a variety of fields. He has engaged in the national conversation sparked by the #metoo movement, publishing a paper with a (then) Penn Carey Law student that argues that nondisclosure clauses in employment contracts violate public policy.

Further Reading:

Mark Fenster Bio, University of Florida

Dave Hoffman Bio, University of Pennsylvania

Mark Fenster, How Reputational Nondisclosure Agreements Fail (Or, In Praise of Breach), SSRN

David Hoffman & Erik Lampmann, Hushing Contracts