BhandLaw Cinema: Before Stormy, There Was The Insider

Non-Disclosure Agreements, Non-Disparagement, Whistleblowing
The much-anticipated (over-hyped?) interview with pornographic actress, director (and alleged former paramour of our 45th President) Stormy Daniels is scheduled to air on CBS' 60 Minutes this coming Sunday.  With media reports that President Trump's legal team may be trying to seek an injunction against the network to stop CBS from airing the taped interview between Stormy (real name Stephanie Clifford) and Anderson Cooper, I thought it might be fun to visit one of my favorite legal dramas of all time, "The Insider", a film that involves equal parts First Amendment, employment, and contract law--what more could you want? For those who missed it, Michael Mann's 1999 docu-drama follows the story of Jeffrey Wigand (marvelously played by a physically transformed Russell Crowe), an actual former Big Tobacco exec with a…
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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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