ndas vs sunshine law a legal debate

Added: 2026-05-28

[00:00:00]It could be just PR rhetoric, but Microsoft announced a few months ago they're not going to be using any NDAs with the rollout development of their data centers.

[00:00:07]>> I I had heard that as well.

[00:00:08]>> Yeah, yeah. I'm not sure, you know, action speaks louder than words. I'm not sure if they held their guns on that.

[00:00:14]But I can understand, you know, being an attorney myself, an NDA is is really flies in the face of and is is a a very inconsistent and a conflict of interest with public disclosure and transparency because you basically have a gag order and yet you're supposed to have public transparency.

[00:00:30]Yeah. Look, like in Missouri, we have the sunshine laws. It's been on the books for decades. It says government is supposed to be open and transparent. So, the only reason for an NDA is to intentionally evade the sunshine laws.

[00:00:43]>> Circumvent an existing statute. Now, has the sunshine law, has it ever been um, you know, I I almost said piercing the corporate veil, but has it ever been pierced because of the NDA where a judge says, "I don't care about your NDA. You got the sunshine law and the sunshine law basically preempts or trumps an NDA." Have we ever had a judge say that?

[00:01:03]I've not located any case law to that effect. So, well, exactly. So, so to that extent we're kind of paving new ground.