A law professor explains.
the former president thus: “Paying people not to talk about things—hush money—is ordinary in modern America.” The argument—which is tangential to this case, as what Trump is in trouble for is not the payment itself, but the way it was accounted for—had us wondering.
One of my concerns about NDAs generally is that they can have the potential to over-deter people from speaking, keeping things out of the public conversation. Some of the cases that I find the most troubling—and also probably some of the most troubling cases from a legal perspective—are contracts where a person who has been sexually harassed accepts payments to settle their claim, and as part of their settlement they promise not to disclose the harassment to anybody else.
Not unless it’s written to be too broad. There are cases in which courts say no, you have to be relatively targeted about what specifically is being kept secret.In these hush money payments, if someone violates the agreement, and talks, is that person likely to face repercussions? How often do people actually get in trouble for actually speaking up?
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