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Confidentiality Agreement Lawyers in Los Angeles
Confidentiality agreements (NDAs) protect legitimate business secrets, but they can also be used to silence employees and restrict their rights. Our attorneys review, negotiate, and challenge confidentiality agreements to ensure your interests are protected under California law.
Schedule a free consultation today to discuss your confidentiality agreement with a trusted Los Angeles attorney.
What Are Confidentiality Agreements in Employment?
A confidentiality agreement — also known as a non-disclosure agreement (NDA) — is a contract that restricts an employee from disclosing certain information obtained during employment, such as trade secrets, proprietary data, client lists, and business strategies. While employers have legitimate interests in protecting confidential information, these agreements must comply with California law.
California has enacted significant protections limiting how confidentiality agreements can be used in the employment context. SB 331 (the Silenced No More Act, effective 2022) prohibits confidentiality provisions that prevent employees from disclosing information about workplace harassment, discrimination, or other unlawful acts. AB 749 prohibits no-rehire provisions in settlement agreements.
Confidentiality agreements become problematic when they are overbroad — restricting employees from using general skills and knowledge, preventing disclosure of illegal employer conduct, functioning as de facto non-compete agreements, or imposing unreasonable penalties for breach. California courts scrutinize these agreements carefully.
At Novian & Novian, our confidentiality agreement attorneys help employees understand their obligations, negotiate reasonable terms, challenge overbroad restrictions, and defend against enforcement actions when employers abuse confidentiality provisions.
How Can a Confidentiality Agreement Lawyer Help?
A confidentiality agreement lawyer reviews NDAs and confidentiality provisions in employment agreements, advises employees on their obligations, and challenges agreements that violate California law or unreasonably restrict employee rights.
Our confidentiality agreement attorneys at Novian & Novian analyze the scope of confidentiality restrictions, determine whether they comply with the Silenced No More Act and other California protections, negotiate narrower terms when appropriate, and defend employees against overreaching enforcement actions. We also advise employees on what information is truly protected and what falls outside the scope of legitimate confidentiality.
If you have concerns about a confidentiality agreement, contact Novian & Novian for a free consultation. Our Los Angeles attorneys will review your agreement and protect your rights.
What Our Clients Say
“My former employer threatened to sue me over an overbroad NDA when I started a new job. Novian & Novian analyzed the agreement, showed it was unenforceable under California law, and the threats stopped.”
— Former Client, Los Angeles
“Novian & Novian reviewed my NDA before I signed and negotiated key changes that protected my ability to discuss workplace conditions and use my general professional skills. Invaluable guidance.”
— Former Client, West Hollywood
“I was afraid to speak about discrimination at my former company because of an NDA. Novian & Novian explained my rights under the Silenced No More Act and helped me hold my employer accountable.”
— Former Client, Glendale
Why Should You Choose Novian & Novian for Your Confidentiality Agreement Matter?
Novian & Novian has advised employees on confidentiality agreements across California for over 35 years. We understand both the legitimate purpose of these agreements and the ways employers misuse them to silence workers.
Our attorneys stay current on California’s evolving protections — including the Silenced No More Act and trade secret law — to provide the most effective representation for employees navigating confidentiality issues.
Deep Knowledge of California NDA Law
We are experts in the Silenced No More Act (SB 331), the California Uniform Trade Secrets Act, and all applicable statutes governing confidentiality in employment.
Experience Challenging Overbroad NDAs
We have successfully challenged confidentiality agreements that were overbroad, unenforceable, or designed to silence employees about illegal conduct.
Proactive Agreement Review
We review confidentiality agreements before you sign them, identifying problematic provisions and negotiating terms that protect your rights.
Defense Against Enforcement Actions
If your former employer threatens you over alleged confidentiality breaches, we provide aggressive defense and assess whether the agreement is even enforceable.
Protecting Your Right to Speak
California law protects your right to disclose information about workplace harassment, discrimination, and other illegal acts. We ensure employers cannot silence you.
FAQs
Below are answers to some of the most common questions:
What Is the Silenced No More Act?
SB 331, the Silenced No More Act (effective January 1, 2022), prohibits employers from including confidentiality provisions in settlement agreements or severance agreements that prevent employees from disclosing information about workplace harassment, discrimination, or other unlawful acts. It expanded earlier protections that applied only to sexual harassment.
Can My Employer Force Me to Sign an NDA?
Employers can require NDAs as a condition of employment, but the terms must be reasonable and comply with California law. Agreements that are overbroad, function as non-competes, or violate the Silenced No More Act may be unenforceable.
What Information Can a Confidentiality Agreement Protect?
Legitimate confidentiality agreements can protect trade secrets, proprietary formulas, client lists, business strategies, and other genuinely confidential business information. They cannot protect information that is publicly known, general industry knowledge, or information about illegal employer conduct.
Can I Talk About Workplace Harassment Despite an NDA?
Yes. Under the Silenced No More Act, you cannot be prohibited from disclosing information about workplace harassment, discrimination, retaliation, or other unlawful acts. Any NDA provision purporting to restrict such disclosures is void.
What Happens If I Breach a Confidentiality Agreement?
Consequences depend on the agreement terms and whether the breach involved legitimate trade secrets. Remedies may include injunctions, damages, and in some cases attorney fees. However, if the agreement is overbroad or unenforceable, you may have strong defenses.
Can an NDA Function as a Non-Compete?
If a confidentiality agreement is so broad that it effectively prevents you from working in your field, it may be challenged as a de facto non-compete — which is void under California Business and Professions Code section 16600.
Concerned About a Confidentiality Agreement? Know Your Rights.
Our Los Angeles confidentiality agreement attorneys review, negotiate, and challenge NDAs under California law. Contact Novian & Novian for a free consultation today.
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