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Fall 2026 ADR Speaker Series: Against Overbroad Nondisclosures
October 7 @ 12:30 pm - 1:30 pm
Wednesday, October 7, 2026 from 12:30-1:30pm (PT)
Against Overbroad Nondisclosures
Gilat Bachar, Associate Professor, Temple University Beasley School of Law
Via Zoom
Settlement NDAs routinely impose sweeping and often perpetual confidentiality obligations, yet courts rarely scrutinize their breadth, leaving many plaintiffs unable to discuss traumatic experiences even with trusted confidants and thereby exacerbating psychological harm. To address these costs, I propose that courts recognize implied mandatory carve-outs for emotionally taxing events, allowing limited disclosures to professionals and close confidants and recalibrating contract enforcement to better protect vulnerable parties’ well-being.
Gilat Juli Bachar is an Associate Professor of Law at Temple University Beasley School of Law, where she teaches and writes in the areas of legal ethics, tort law, dispute resolution, and law and psychology. Her paper “Plaintiffs’ Lawyers’ Disclosure Duties” was the winner of the 2025 Warren E. Burger Prize. Bachar’s research combines theoretical analysis with empirical methods to explore how people perceive and make decisions about civil litigation and settlement, and how civil justice institutions can balance private dispute resolution with the public values of transparency, accountability, and social welfare. Before joining Temple, she was a Visiting Assistant Professor at Villanova School of Law, a research fellow at the Stanford Center on the Legal Profession and a litigation fellow at the Center for Justice & Accountability in San Francisco.
More information on the Fall 2026 Speaker Series
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