Trump vs. Bannon, and The Enforceability of Non Disparagement Clauses

Trump vs. Bannon, and The Enforceability of Non Disparagement Clauses

Contracts, Employment Agreements, Non-Disparagement
By now, most of my well-informed readers have heard of the war-of-mudslinging between President Trump and his former campaign mastermind/chief strategist Steve Bannon.  As a Phoenix business attorney, one aspect of our President's latest feud that was of real interest was the cease and desist letter sent by Trump lawyer Charles Harder to Bannon accusing the former White House staffer of being in violation of a non disparagement agreement he entered into when he joined the Trump presidential campaign. In my practice, I have noticed the increasing use (and request from clients to integrate) such clauses in both business and employment agreements over the past several years.  The question is, are such clauses actually enforceable? Non Disparagement clauses are (generally speaking) enforceable The short answer is: yes.  The handful of…
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