IBA Annual Conference Copenhagen 2026
4 Oct - 9 Oct 2026
Session information
Non-disclosure agreements when ethical or criminal matters are involved or compelling: where to draw the line?
Tuesday 6 October (1615 - 1730)
Committee(s)
Senior Lawyers' Committee
(Lead)
Law Firm Management Committee
Professional Ethics Committee
Young Lawyers' Committee
Description
Non-disclosure agreements (NDAs) are standard tools for protecting confidentiality in commercial transactions, employment relationships and dispute settlements. However, when NDAs intersect with allegations of criminal conduct, ethical breaches, harassment, misconduct by professionals, or matters of clear public interest, their legitimacy and enforceability become far more complex.
This session will examine the legal, ethical and policy boundaries of NDAs across jurisdictions. Can an NDA lawfully prevent disclosure of potential criminal activity? When does confidentiality improperly hinder the reporting of wrongdoing or obstruction of justice? What duties do lawyers have when negotiating NDAs involving allegations of misconduct? How do courts and regulators view the use – or misuse – of confidentiality clauses in such contexts?
Session / Workshop Chair(s)
| Paulo Aragão | BMA Advogados, São Paulo, Brazil; Secretary-Treasurer, Senior Lawyers' Committee |
Speakers
| Mirelle Lotufo | Mattos Filho, São Paulo, Brazil |
| Rosina Müller Bernar | Red Nest, Madrid, Spain; Membership Officer, Young Lawyers' Committee |
| Mercedes Rodriguez Giavarini | Mitrani Caballero, Buenos Aires, Argentina; Treasurer, Closely Held Companies Committee |
| Paul Schnell | Skadden Arps Slate Meagher & Flom, New York, New York, USA |