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Wed Jul 1, 2020, 03:31 PM

A question for lawyers about Mary Trump and the confidentiality agreement

The confidentiality agreement was between Mary Trump and the other family members. Simon & Schuster was not part of the agreement, so how can they be prevented from the publishing the book? I can understand how Mary Trump can be held responsible for giving the book to the publisher. But once the publisher has the book in their possession don't they have the right to publish it since they never agreed not to? How can Simon & Schuster be bound by an agreement that they had no part in?

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Reply A question for lawyers about Mary Trump and the confidentiality agreement (Original post)
jg10003 Jul 1 OP
ProudMNDemocrat Jul 1 #1
lagomorph777 Jul 1 #5
JT45242 Jul 1 #2
at140 Jul 1 #3
pamdb Jul 1 #4
at140 Jul 1 #7
RGTIndy Jul 1 #6
Baked Potato Jul 1 #8

Response to jg10003 (Original post)

Wed Jul 1, 2020, 03:35 PM

1. Who ever heard of NDAs amongst a family?

Unless that family has so many skeletons in their closets they do not want known to the general public.

Michael Cohen already opened a few closets in his House Congressional testimony as skeletons spilled out..

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Response to ProudMNDemocrat (Reply #1)

Wed Jul 1, 2020, 04:01 PM

5. The existence of a family NDA is a skeleton in itself. Seriously messed up.

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Response to jg10003 (Original post)

Wed Jul 1, 2020, 03:51 PM

2. NDA should list monetary penalty for violating it

Usually in the case of hush money lawsuits it is equal to all the money that was paid for silence in the first place. Occasionally, it will be written for more.

Let's say it is a $5 million amount. The publisher could simply write a check, then claim it as a business cost deduction on their corporate taxes. Publish the book. Let the family then sue each other over who gets the money.

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Response to jg10003 (Original post)

Wed Jul 1, 2020, 03:54 PM

3. Who is Mary Trump?

Sorry I have not kept up with the Trumps. I understand Donald had a few divorces before his current wife.

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Response to at140 (Reply #3)

Wed Jul 1, 2020, 03:59 PM

4. Mary


She’s his niece, daughter of his elder brother Fred who apparently was an alcoholic and died young.

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Response to at140 (Reply #3)

Wed Jul 1, 2020, 04:15 PM

7. Thanks! nt

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Response to jg10003 (Original post)

Wed Jul 1, 2020, 04:13 PM

6. It's not my area of expertise

But I don't think the NDA/confidentiality agreement can actually prevent her from speaking out. It just means that if she does they are entitled to damages. As Walter Sobchak once noted, the Supreme Court has roundly rejected prior restraint.

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Response to jg10003 (Original post)

Wed Jul 1, 2020, 06:07 PM

8. Disgusting circumstances.

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