U.S. Court of Appeals · Eleventh Circuit
When silence is written into the contract
Bernard serves as appellate counsel in a federal appeal raising the Speak Out Act, the 2022 federal statute limiting the enforceability of pre-dispute nondisclosure and non-disparagement clauses in matters involving alleged sexual harassment or assault. The appeal challenges the enforcement of contractual silence provisions concerning alleged sexual misconduct and workplace reporting. He is scheduled to present oral argument. The matter sits at the intersection of employment, contract, federal public policy, and appellate procedure. Treated as any one of those alone, it looks like a different case.
