Some secrets are ordinary business. Some silences the law will not enforce.
FKA twigs settled her 2020 suit against Shia LaBeouf, which alleged sexual battery and abuse, in 2025, with an NDA. His side later sought arbitration over an interview. She sued to block the NDA. On 6 October 2026 they settled. LaBeouf agreed the NDA terms are "terminated and void," and she dropped the case. No court ruled on whether the NDA was legal.
What NDAs are for
Trade secrets, unreleased projects, deal terms, client data. Those are normal, and they are enforceable when they are reasonable.
Some NDA terms are void by law
California Code of Civil Procedure §1001, known as the STAND Act, applies to settlements signed since 1 January 2019. If a claim was filed in court or with an agency, the settlement can't stop you from sharing factual information about sexual assault, sexual harassment, workplace harassment or discrimination (since 2022, any kind, not just sex-based), retaliation for reporting it, or housing harassment or discrimination. A clause that does is void. You can ask to keep your own identity private. The settlement amount can stay confidential.
CCP §1002 goes further for cases built on a felony sex offense, childhood sexual assault, sexual exploitation of a minor, or sexual assault of an elder or dependent adult. A settlement signed since 1 January 2017 can't gag the facts.
For workplaces, Government Code §12964.5, as amended by SB 331, the "Silenced No More Act" (effective 2022), says that when a California employment or separation agreement limits what you can say about workplace conditions, it must include this line, in substance: "Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful."
Federal law: the Speak Out Act (2022) makes NDAs and non-disparagement clauses signed before a dispute arises unenforceable in court for sexual assault and sexual harassment disputes, for claims filed since 7 December 2022.
Other states, including New York, New Jersey, Washington, and Illinois, have their own rules.
Topic gags are the red flag
Watch for a clause that bars you from discussing the subject "in general terms," not just specific facts. That's what FKA twigs' NDA reportedly did. Watch for broad non-disparagement. Watch for "any statement that could be construed as…." Those go past protecting a set of facts, or a dollar figure.
NDAs travel with arbitration and penalties
Read the arbitration clause. It can mean a private forum, and it can be costly. Read liquidated damages ("$X per breach"), clawbacks of the settlement, and fee-shifting. Read the confidentiality clause and the dispute clause side by side.
The carve-outs you should always see
You should be able to talk to your lawyer, your therapist, your doctor, your spouse, and your tax adviser. You should be able to report to police and regulators, testify when the law requires it, and keep whistleblower rights (for example the SEC, and the NLRA for many employees).
Before you sign, and if someone says you breached
Ask for redlines in writing. Do not sign the same day under pressure. Keep a copy. If you are accused of breach, do not respond in public. Get advice.
Read-twice clauses
- Definition of "Confidential Information": specific, or "everything"?
- Topic gag ("in general terms") present? Flag it.
- Non-disparagement: mutual? Time-limited?
- Carve-outs for lawyer, therapist, family, tax, police, regulators, and court.
- Legally required carve-out language (for example California employee NDAs) present?
- Liquidated damages or clawback: how much per breach?
- Arbitration, venue, and governing law: where, and who pays?
- Duration: forever, or a stated number of years?
- Who else is bound (agents, family)? Who is protected?
A line you can send before you sign:
Before signing, please add standard carve-outs for disclosures to my attorney, medical and mental-health providers, immediate family, tax advisers, law enforcement and government agencies, and as required by law, and confirm the clause does not restrict any disclosure protected by applicable law.
If you need support
If you have experienced sexual violence, RAINN's hotline in the US is 800-656-4673.
A note before you sign
This is general legal information, not legal advice. It does not create an attorney-client relationship. NDA rules vary by state, country, and claim type. Whether a law applies can turn on a single word. LaBeouf's side argued the STAND Act covers "sexual assault" but not "sexual battery." The court never ruled on it. Speak to a licensed attorney.
Sources
- Winston Cho, "Shia LaBeouf Settles Lawsuit From FKA Twigs Over Illegal NDA," The Hollywood Reporter (6 Oct 2026)
- "FKA twigs and ex-boyfriend Shia LaBeouf resolve dispute over NDA: 'terminated and void,'" Los Angeles Times (6 Oct 2026)
- Cal. Code Civ. Proc. §§1001, 1002
- Cal. Gov. Code §12964.5 (as amended by SB 331, Stats. 2021, ch. 638)
- Speak Out Act, Pub. L. 117-224, 136 Stat. 2290 (2022), 42 U.S.C. §§19401–19404
