ContractsProf Weblog

Final week I defended Donald Trump in opposition to allegations that he had damaged a promise to purchase “meals for everybody.”  That provides me the credibility I must cowl the settlement of a class-action lawsuit in opposition to the enforcement of the 2016 Trump marketing campaign’s commonplace non-disclosure settlement (NDA).  We’re nothing if not truthful and balanced on the ContractsProf Weblog.

Now we have lined Trump NDAs earlier than right here, right here, right here, right here, right here, right here, right here, and right here.  In sum, I feel there are two most important takeaways.  First, Donald Trump and organizations related to him love NDAs.  Second, they have a tendency to draft NDAs which can be so preposterously overbroad as to be unenforceable.  The litigation doesn’t go nicely for Mr. Trump and affiliated entities, and they don’t appear to study any classes from the expertise.  They hold dropping and dropping and but by no means get bored with dropping. 

Maggie Haberman reported in The New York Occasions again in February that the Trump marketing campaign had agreed to pay $450,000 to settle claims introduced by Jessica Denison on behalf of herself and all others equally located.  Ms. Denison is to obtain $25,000, and the remainder will go to cowl attorneys and court docket prices.  Ms. Denison alleged abusive therapy and sexual discrimination by a member of the marketing campaign workforce.  The intention of settlement was to invalidate the NDA and free others to talk about their experiences as a part of the Trump workforce in the course of the 2016 marketing campaign, and Ms. Denison is bringing her claims in a separate go well with.  

In a June 7, 2023 order, the District Court docket famous its earlier order, invalidating the NDA as to Ms. Denison.  She sought an order invalidating it as to at the least 422 potential class members.  That proved pointless, because the Marketing campaign agreed in writing to launch everybody related to the Marketing campaign from obligations created by the NDAs.  The Court docket additional certifies the category and units out procedures for discover to class members and a schedule for last approval of the settlement.