A question for lawyers about Mary Trump and the confidentiality agreement

[jg10003]

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?

[ProudMNDemocrat]

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..

[lagomorph777]

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

[JT45242]

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.

[at140]

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.

[pamdb]

4. Mary

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

[at140]

7. Thanks! nt

[RGTIndy]

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.

[Baked Potato]

8. Disgusting circumstances.