Trump’s Confidentiality and Non-Disparagement Agreement Is Not Terrific. Believe Me.

Trump’s Confidentiality and Non-Disparagement Agreement Is Not Terrific. Believe Me. | Mark Kaufman

Recently Buzzfeed News published a reprint of part of a non-disclosure/non-disparagement agreement between Donald Trump’s campaign and anyone who works or volunteers for it — and it made me wonder just how enforceable it is. Under New York law, it’s pretty difficult to avoid a prohibition against sharing confidential information. The courts generally support the notion that if someone has information that’s confidential and proprietary (maybe even unique) to a company, the company should be able to protect itself, with very few exceptions. So, on its face, this agreement might be “fine.”

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