The BUSKLAW August Newsletter: Lessons from the Court's Rejection of the Trump Family Non-Disclosure Agreement
Consider the ubiquitous non-disclosure agreement ("NDA"): every business (and the White House) has one, and it's often employed for dubious ends. To cover-up criminal activity. Or to keep a lid on the President's past sexual shenanigans. Most recently, President Trump's brother, Robert Trump, tried to use a family NDA from 2001 to stop the publication of Mary L. Trump's book entitled, Too Much and Never Enough. How My Family Created the World's Most Dangerous Man. ( Mary Trump is Donald Trump's niece.) But the attempt to weaponize that NDA to ban Mary Trump's book failed. It was released on July 14 and is #1 on the bestseller list. So let's see where this NDA went wrong according to Judge Greenwald. And p erhaps t he Court's opinion (issued 7/13/2020) will help NDA drafters avoid some of the pitfalls that plagued the Trump family NDA. (This post doesn't discuss the constitutional issues decided by the Court.) First some context