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The BUSKLAW May Newsletter: Another Trump NDA Bites the Dust!

  In my August 2020 newsletter, we discussed lessons from the New York Supreme Court's rejection of the Trump family NDA. Drafting lesson #1 is the need to specifically describe the information covered by the NDA rather than vague references.  Unfortunately for Trump, this lesson wasn't learned, as evidenced by a recent New York U.S. District Court decision in the case of  J essica Denson v Donald J. Trump for President, Inc.   Plaintiff Denson was employed as a national phone bank administrator for the 2016 Trump campaign. Before she was hired, she signed the standard Trump employment contract containing broad non-disclosure and non-disparagement provisions. Confidential Information was defined as: ...all information (whether or not embodied in any media) of a private, proprietary or confidential nature or that Mr. Trump insists remain private or confidential, including, but not limited to, any information with respect to the personal life, political affairs, and/o...
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The BUSKLAW Halloween 2022 Post: Stephen King's Asides on Poor Writing in Fairy Tale

  Having just read  Stephen King's Fairy Tale in time for Halloween, it's appropriate to examine his asides on poor writing included in the book. (BTW, Fairy Tale is a good read with King's typical well-executed character development, plot, and a great finish to the story. But you have like the whole Grimm fairy tale genre before you read his take on it.)  Stephen King doesn't tolerate anything less than crisp prose. When the story's hero, Charlie Reade, tries to read a book about the origins of fantasy and its place in the world matrix ("what a mouthful"), he can only scan it because: It was everything I hated about what I thought of as "hoity-toity" academic writing, full of five-dollar words and tortured syntax. Maybe that's intellectual laziness on my part, but maybe not. Later on, Charlie tries to focus on a particular chapter in the "origins of fantasy" book about the story of Jack and the Beanstalk but is put off by "t...
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The BUSKLAW April Newsletter: On the Foolish Tension Between Lawyers and Business Folks

From my colleague Mark Grossman   comes this joke (just in time for April Fool's Day): A man in a hot air balloon is lost. He reduces the balloon's height and spots a man below. He shouts, "Excuse me, can you tell me where I am?" The man below says: "Yes, you're in a hot air balloon hovering at 30 feet." " You must be a lawyer," says the balloonist. "I am," replies the man. "How did you know?" "Well," says the balloonist, "everything you have told me is technically correct, but useless." The man below says, "You must work in business." "I do," replies the balloonist, "but how did you know?" "Well," says the lawyer, "you don't know where you are, or where you're going, but you expect me to be able to help. You're in the same position you were before we met, but now it's my fault." ______________________________________...
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