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Professor Moorhead's comments seem to be views rather than evidenced statements of fact: 'generalisation', 'tend', 'I think.' Only two things possibly need doing in respect of NDAs: more publicity over the fact they cannot silence criminal conduct; and, as suggested below, perhaps separating the 'hush money' element from the rest, so if an NDA is breached, the portion paying for silence can be reclaimed in breach of contract.

The public assumption, seemingly shared by the Professor and others, is that an NDA automatically means there must be a criminal component. Given their prevelance, that can't be true.