Daniels is now saying she can tell her story
The AP is reporting that the porn star, Stormy Daniels believes that Donald Trump's attorney has violated the terms of a non-disclosure agreement she claims is holding her back from telling the whole story.
Daniels, whose real name is Stephanie Clifford, believes that Trump’s personal lawyer, Michael Cohen, invalidated a non-disclosure agreement after two news stories were published Tuesday: one in which Cohen told The New York Times he made the six-figure payment with his personal funds, and another in the Daily Beast, which reported that Cohen was shopping a book proposal that would touch on Daniels’ story, said the manager, Gina Rodriguez.
“Everything is off now, and Stormy is going to tell her story,” Rodriguez said.
Did Trump's Lawyer Breach the NDA?
Did Trump's Lawyer Invalidate the NDA with Stormy Daniels?
More likely than not, the NDA wasn't mutual and only Ms. Daniels was required to maintain confidentiality. How could Trump's lawyer have breached this agreement?
Non-payment. If Trump or Trump's representatives never paid Daniels, then the agreement may have been breached. However, no one is claiming that Daniels didn't get paid.
Again, even IF she wasn't paid, that doesn't mean she is automatically allowed to "tell her story." She would have other options to pursue including a claim for breach of contract so that she could recover her losses. Once she reveals the confidential information from the NDA, the likelihood of her getting paid drops to almost zero.
Whether you are a business looking to draft a non-disclosure agreement, or an employee looking to see whether a non-disclosure agreement is valid, you can either give us a call at (833) 823-8529 or fill out the free consultation form below explaining what you need and we'll contact you to get started.
Florida Small Business Lawyers
Florida Business Formation Attorneys
Do you need help drafting or reviewing a non-disclosure agreement?
Can Stormy really tell her story now?
Non-disclosure agreements can be mutual, but they don't have to be. A mutual NDA or MNDA holds both parties to the agreement to the same or similar standards regarding confidentiality.
In this particular case, it would be quite unorthodox for the NDA to be mutual. After all, it's Trump that would not want the details of any relationship to leak out. Why would he need to be bound by confidentiality and moreover, why would Daniels' attorneys insist on that?
Even if the agreement was mutual, a breach from one party does not necessarily mean that it's now okay for the other party to breach the agreement.
When else is a non-disclosure agreement unenforceable?
There are multiple ways a non-disclosure agreement can be considered unenforceable. For instance, if the confidential information defined is overbroad. If confidential information is defined as "all information conveyed in the business relationship," that's a surefire way to risk having the NDA be unenforceable.
NDAs can also be ruled unenforceable if they:
- State the wrong party names
- Do not clearly identify what information is Confidential
- Protect information that is already known publicly
So while it is possible that Trump or his representatives have breached the purported NDA, this does not mean Daniels is automatically allowed to speak about the confidential information, if any exists.
There are several factors at issue in this case, and without seeing the actual non-disclosure agreement, it's impossible to know whether or not either party has breached the agreement.