Nondisclosure Agreements

HomeNondisclosure Agreements

Search Whistleblower News

  • Joseph Macktal and Harry Barko

Joseph J. Macktal & Harry Barko

By KKC Staff|April 28th, 2019|

In the 1980s, a journeyman electrician, Joseph J. Mackal, changed whistleblower law forever. He stood up to the multinational construction company Brown & Root. He challenged their practice of paying money to workers in exchange for nondisclosure agreements (“NDAs) designed to hide safety flaws. In a legal showdown that lasted 7-years, Macktal prevailed and set the first precedent completely voiding restrictive NDAs intended to silence whistleblowers. Years later, Harry Barko exposed similar NDAs used by Kellogg Brown & Root to hide fraud in taxpayer spending in the War in Iraq. Barko took his case to the Securities and Exchange Commission and won the precedent outlawing all such agreements in the publicly traded economy. Together, Macktal and Barko set the legal precedent that today benefits all whistleblowers and changed the face of modern whistleblower law.