The Globe and Mail: “These types of anti-free-speech clauses spread virally,” said Harold Geller, an Ottawa-based financial loss litigation lawyer who helps clients with disputes against companies, including financial institutions and insurers.
“If one lawyer gets away with it, their whole firm adopts it. When the opposing firms see it, they start using it,” he said. NDAs and similar terms have become part of settlement templates, he added.
“I can discern no regard to proportionality or common sense in the use of NDAs,” he added via e-mail…