As the law firm hired by the NBA to investigate the workplace culture of the Phoenix Suns under Robert Sarver, it is unclear whether current and former employees who have signed non-disclosure agreements will be able to speak freely.
The Suns and the NBA declined to answer questions about whether former employees will be released from their confidentiality agreements.
A Suns spokesperson said the organization "is fully cooperating with the investigation" but declined to answer questions about the NDA release, citing the ongoing investigation.
NBA spokesperson Mike Bass also declined to answer the question, saying: "It would be irregular to detail the methods of an investigation while it is ongoing -- as doing so could potentially prejudice or otherwise jeopardize the integrity of the investigation. All those participating will be assured that the process will be fair and impartial."
One former Suns employee told ESPN they remain uncertain about whether they can speak freely about their experiences in Phoenix, saying they would be "happy to speak" with the investigators if they are assured they will not face legal consequences. The employee is hopeful that "the NBA would have my back."
Michael Selmi, an Arizona State University law professor who focuses on employment and discrimination law, told ESPN that he would expect all current and former employees who signed non-disclosure agreements to be allowed to speak to the league's investigators.
"If you do go after employees [with signed NDAs] that participate in the investigation, it would be hard to label that as 'full' cooperation,'" Selmi said.