Fallout From Trump’s Affairs: The End Of The Nondisclosure Agreement?
April 6, 2018
Two women – adult film actress/director Stephanie Clifford, aka Stormy Daniels, and Playboy model Karen McDougal – say they had sexual relationships with Donald Trump and maintain their nondisclosure agreements are invalid. This has lined up some reform-minded women, and others, against the very notion of the N.D.A., now a common feature of employment contracts and many settlement agreements. N.D.A.s clearly have been used to advantage by some powerful people, Donald Trump and Harvey Weinstein notable among them, and the impulse is understandable, says Harvard Law professor and New Yorker writer Jeannie Suk Gersen. But she says the reformers should be careful what they wish for – or at least careful to qualify what they wish for. These reforms “may also have the effect of taking away the bargaining leverage of less powerful parties in a dispute …. Sometimes the only bargaining chip the less powerful party has is the possibility of silence.”
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