The fall-out from the Harvey Weinstein scandal is prompting a re-examination of nondisclosure agreements in the US amid fresh revelations about how the movie mogul silenced women who accused him of abuse.
Campaigners say the avalanche of allegations emerging against powerful men in Hollywood, journalism and politics show that publicity is a key factor in exposing wrongdoing.
However, Mr Weinstein was able to keep his history of sexual harassment and abuse secret through the use of non-disclosure agreements (NDAs).
One of his victims, Ambra Battilana Gutierrez, an Italian model, told the New Yorker she signed a confidentiality agreement in 2015 before knowing the media mogul had a pattern of sexually harassing and abusing women.
“I didn’t even understand almost what I was doing with all those papers,” she said, discussing her settlement for the first time. “I was really disoriented. My English was very bad. All of the words in that agreement were super difficult to understand.”
Last month The New York Times revealed that Mr Weinstein had been the subject of multiple sexual harassment allegations. He was fired from the company he founded and expelled by the motion picture academy, the body that awards the Oscars.
The wave of publicity brought forth fresh allegations as dozens of other women described similar stories of harassment or assault.
They included Zelda Perkins, who worked as Mr Weinstein's assistant in the London office of Miramax, who broke a nondisclosure agreement she said she signed in 1998.
Kathryn Rubino, a senior editor at Above The Law, a legal industry blog, said it was becoming increasingly clear that the agreements were part of the problem.
“NDAs are a part of the legal landscape. It’s a tool that we are taught to deploy on behalf of our clients and it’s a normal part of the interactions your client might have,” she said.
“What we are learning as a result of the Weinstein scandal is that they are more than just neutral tools, that the culture of silence that they perpetuate can be really detrimental and problematic, particularly when you are dealing with people in an unequal power position.”
Typically, one party agrees to drop legal action in return for a payment and their silence. They are also often included in employment contracts to prevent former members of staff badmouthing their employers.
Lawyers for some of the women involved point out that NDAs can also have benefits for victims who want to remain out of the public eye.
In the case of Ms Perkins, she secured a clause that required Mr Weinstein to receive therapy and Miramax, the company he founded with his brother Bob, to set up a proper complaints procedure.
Nevertheless, his behaviour continued in secret for another 19 years.
As well as NDAs, Mr Weinstein used private intelligence firms to find information that could be used to discredit his accusers, such as Ms Gutierrez. On another occasion in the 1990s, his brother paid a settlement.
Bob Weinstein told The New Yorker: "Regarding that payment, I only know what Harvey told me, and basically what he said was he was fooling around with two women and they were asking for money. And he didn't want his wife to find out, so he asked me if I could write a cheque, and so I did, but there was nothing to indicate any kind of sexual harassment."
The power of publicity was clear once revelations reached the press. The scandal triggered a social media campaign with the hashtag #metoo as millions of women detailed past abuse they suffered.
This week the veteran American journalist Charlie Rose was sacked by CBS News and PBS after several women said he groped them or appeared naked in front of them. He has apologised for his behaviour although he has questioned some accounts.
At the same time it was announced that the head of Disney’s Pixar studio, John Lassiter, would be taking a six-month leave of absence after admitting “missteps” with employees.
The wave of allegations has prompted action in California, where a state senator is planning to introduce legislation to ban confidentiality clauses in such settlements.
“Secret settlements in sexual assault and related cases can jeopardise the public — including other potential victims — and allow perpetrators to escape justice just because they have the money to pay the cost of the settlements,” said Connie Leyva when she unveiled her plan.
Others wonder whether those examples might be better prevented by modifying the terms of NDAs to prevent their use when there is an obvious imbalance of power between abuser and abused. But even that offers no easy answers, said Ms Rubino, of Above the Law.
She said: “What is too much? How much power imbalance would trip that?”
BAD BOYS: RIDE OR DIE
Director: Adil El Arbi and Bilall Fallah
Starring: Will Smith, Martin Lawrence, Joe Pantoliano
Rating: 3.5/5
COMPANY PROFILE
Name: Haltia.ai
Started: 2023
Co-founders: Arto Bendiken and Talal Thabet
Based: Dubai, UAE
Industry: AI
Number of employees: 41
Funding: About $1.7 million
Investors: Self, family and friends
The specs
Engine: 2.9-litre twin-turbo V6
Transmission: 8-speed auto
Power: 536hp (including 138hp e-motor)
Torque: 750Nm (including 400Nm e-motor)
Price: From Dh1,380,000
On sale: now
SERIES INFO
Afghanistan v Zimbabwe, Abu Dhabi Sunshine Series
All matches at the Zayed Cricket Stadium, Abu Dhabi
Test series
1st Test: Zimbabwe beat Afghanistan by 10 wickets
2nd Test: Wednesday, 10 March – Sunday, 14 March
Play starts at 9.30am
T20 series
1st T20I: Wednesday, 17 March
2nd T20I: Friday, 19 March
3rd T20I: Saturday, 20 March
TV
Supporters in the UAE can watch the matches on the Rabbithole channel on YouTube
SPEC SHEET: SAMSUNG GALAXY Z FOLD5
Main display: 7.6" QXGA+ Dynamic Amoled 2X, Infinity Flex, 2176 x 1812, 21.6:18, 374ppi, HDR10+, up to 120Hz
Cover display: 6.2" HD+ Dynamic Amoled 2X, 2316 x 904, 23.1:9, 402ppi, up to 120Hz
Processor: Qualcomm Snapdragon 8 Gen 2, 4nm, octa-core; Adreno 740 GPU
Memory: 12GB
Capacity: 256/512GB / 1TB (online exclusive)
Platform: Android 13, One UI 5.1.1
Main camera: Triple 12MP ultra-wide (f/2.2) + 50MP wide (f/1.8) + 10MP telephoto (f/2.4), dual OIS, 3x optical zoom, 30x Space Zoom, portrait, super slo-mo
Video: 8K@24fps, 4K@60fps, full-HD@60/240fps, HD@960fps; slo-mo@60/240/960fps; HDR10+
Cover camera: 10MP (f/2.2)
Inner front camera: Under-display 4MP (f/1.8)
Battery: 4400mAh, 25W fast charging, 15W wireless, 4.5W reverse wireless
Connectivity: 5G; Wi-Fi, Bluetooth 5.3, NFC (Samsung Pay)
I/O: USB-C
Cards: Nano-SIM + eSIM; dual nano-SIMs + eSIM
Colours: Cream, icy blue, phantom black; online exclusives – blue, grey
In the box: Fold5, USB-C-to-USB-C cable
Price: Dh6,799 / Dh7,249 / Dh8,149
SHADOWS AND LIGHT: THE EXTRAORDINARY LIFE OF JAMES MCBEY
Author: Alasdair Soussi
Pages: 300
Publisher: Scotland Street Press
Available: December 1
A QUIET PLACE
Starring: Lupita Nyong'o, Joseph Quinn, Djimon Hounsou
Director: Michael Sarnoski
Rating: 4/5
Essentials
The flights
Emirates and Etihad fly direct from the UAE to Los Angeles, from Dh4,975 return, including taxes. The flight time is 16 hours. Alaska Airlines, United Airlines, Delta Air Lines, Aeromexico and Southwest all fly direct from Los Angeles to San Jose del Cabo from Dh1,243 return, including taxes. The flight time is two-and-a-half hours.
The trip
Lindblad Expeditions National Geographic’s eight-day Whales Wilderness itinerary costs from US$6,190 (Dh22,736) per person, twin share, including meals, accommodation and excursions, with departures in March and April 2018.
Sarfira
Director: Sudha Kongara Prasad
Starring: Akshay Kumar, Radhika Madan, Paresh Rawal
Rating: 2/5
MO
Creators: Mohammed Amer, Ramy Youssef
Stars: Mohammed Amer, Teresa Ruiz, Omar Elba
Rating: 4/5
Company Profile
Name: HyveGeo
Started: 2023
Founders: Abdulaziz bin Redha, Dr Samsurin Welch, Eva Morales and Dr Harjit Singh
Based: Cambridge and Dubai
Number of employees: 8
Industry: Sustainability & Environment
Funding: $200,000 plus undisclosed grant
Investors: Venture capital and government
Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Company profile
Name: Infinite8
Based: Dubai
Launch year: 2017
Number of employees: 90
Sector: Online gaming industry
Funding: $1.2m from a UAE angel investor
Learn more about Qasr Al Hosn
In 2013, The National's History Project went beyond the walls to see what life was like living in Abu Dhabi's fabled fort:
Name: Peter Dicce
Title: Assistant dean of students and director of athletics
Favourite sport: soccer
Favourite team: Bayern Munich
Favourite player: Franz Beckenbauer
Favourite activity in Abu Dhabi: scuba diving in the Northern Emirates
COMPANY PROFILE
Company name: Klipit
Started: 2022
Founders: Venkat Reddy, Mohammed Al Bulooki, Bilal Merchant, Asif Ahmed, Ovais Merchant
Based: Dubai, UAE
Industry: Digital receipts, finance, blockchain
Funding: $4 million
Investors: Privately/self-funded
UAE's role in anti-extremism recognised
General John Allen, President of the Brookings Institution research group, commended the role the UAE has played in the fight against terrorism and violent extremism.
He told a Globsec debate of the UAE’s "hugely outsized" role in the fight against Isis.
"It’s trite these days to say that any country punches above its weight, but in every possible way the Emirates did, both militarily, and very importantly, the UAE was extraordinarily helpful on getting to the issue of violent extremism," he said.
He also noted the impact that Hedayah, among others in the UAE, has played in addressing violent extremism.
Company Profile
Name: Direct Debit System
Started: Sept 2017
Based: UAE with a subsidiary in the UK
Industry: FinTech
Funding: Undisclosed
Investors: Elaine Jones
Number of employees: 8
COMPANY PROFILE
Name: SmartCrowd
Started: 2018
Founder: Siddiq Farid and Musfique Ahmed
Based: Dubai
Sector: FinTech / PropTech
Initial investment: $650,000
Current number of staff: 35
Investment stage: Series A
Investors: Various institutional investors and notable angel investors (500 MENA, Shurooq, Mada, Seedstar, Tricap)
UAE currency: the story behind the money in your pockets
FIXTURES
All kick-off times UAE (+4 GMT)
Brackets denote aggregate score
Tuesday:
Roma (1) v Shakhtar Donetsk (2), 11.45pm
Manchester United (0) v Sevilla (0), 11.45pm
Wednesday:
Besiktas (0) v Bayern Munich (5), 9pm
Barcelona (1) v Chelsea (1), 11.45pm
Top 10 in the F1 drivers' standings
1. Sebastian Vettel, Ferrari 202 points
2. Lewis Hamilton, Mercedes-GP 188
3. Valtteri Bottas, Mercedes-GP 169
4. Daniel Ricciardo, Red Bull Racing 117
5. Kimi Raikkonen, Ferrari 116
6. Max Verstappen, Red Bull Racing 67
7. Sergio Perez, Force India 56
8. Esteban Ocon, Force India 45
9. Carlos Sainz Jr, Toro Rosso 35
10. Nico Hulkenberg, Renault 26
COMPANY PROFILE
Company name: Revibe
Started: 2022
Founders: Hamza Iraqui and Abdessamad Ben Zakour
Based: UAE
Industry: Refurbished electronics
Funds raised so far: $10m
Investors: Flat6Labs, Resonance and various others
COMPANY PROFILE
Company: Eco Way
Started: December 2023
Founder: Ivan Kroshnyi
Based: Dubai, UAE
Industry: Electric vehicles
Investors: Bootstrapped with undisclosed funding. Looking to raise funds from outside
Scores
Day 2
New Zealand 153 & 56-1
Pakistan 227
New Zealand trail by 18 runs with nine wickets remaining
Retail gloom
Online grocer Ocado revealed retail sales fell 5.7 per cen in its first quarter as customers switched back to pre-pandemic shopping patterns.
It was a tough comparison from a year earlier, when the UK was in lockdown, but on a two-year basis its retail division, a joint venture with Marks&Spencer, rose 31.7 per cent over the quarter.
The group added that a 15 per cent drop in customer basket size offset an 11.6. per cent rise in the number of customer transactions.
Tank warfare
Lt Gen Erik Petersen, deputy chief of programs, US Army, has argued it took a+“three decade holiday” on modernising tanks.
“There clearly remains a significant armoured heavy ground manoeuvre threat in this world and maintaining a world class armoured force is absolutely vital,” the general said in London last week.
“We are developing next generation capabilities to compete with and deter adversaries to prevent opportunism or miscalculation, and, if necessary, defeat any foe decisively.”
Tips for SMEs to cope
- Adapt your business model. Make changes that are future-proof to the new normal
- Make sure you have an online presence
- Open communication with suppliers, especially if they are international. Look for local suppliers to avoid delivery delays
- Open communication with customers to see how they are coping and be flexible about extending terms, etc
Courtesy: Craig Moore, founder and CEO of Beehive, which provides term finance and working capital finance to SMEs. Only SMEs that have been trading for two years are eligible for funding from Beehive.
The specs
Engine: 5.2-litre V10
Power: 640hp at 8,000rpm
Torque: 565Nm at 6,500rpm
Transmission: 7-speed dual-clutch auto
Price: From Dh1 million
On sale: Q3 or Q4 2022
A Cat, A Man, and Two Women
Junichiro Tamizaki
Translated by Paul McCarthy
Daunt Books
The specs
Engine: 2.0-litre 4-cyl turbo
Power: 247hp at 6,500rpm
Torque: 370Nm from 1,500-3,500rpm
Transmission: 10-speed auto
Fuel consumption: 7.8L/100km
Price: from Dh94,900
On sale: now
Bio
Age: 25
Town: Al Diqdaqah – Ras Al Khaimah
Education: Bachelors degree in mechanical engineering
Favourite colour: White
Favourite place in the UAE: Downtown Dubai
Favourite book: A Life in Administration by Ghazi Al Gosaibi.
First owned baking book: How to Be a Domestic Goddess by Nigella Lawson.