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Lawyers Escape NDA, but What About the Porn Star?

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By William Vogeler, Esq. on August 29, 2018 12:59 PM

When it comes to non-disclosure agreements, what's good for the lawyer may be good for the porn star.

That's not exactly what a court said in a case against lawyers who signed a confidential settlement agreement. The court said the lawyers were not bound by the NDA because they only signed to approve form and content.

But it could be what's good for the goose is good for the gander in the most famous NDA in America. That would be the case of the president and the porn star.

Lawyers First

Michael Cohen, the president's former lawyer, has already cooked his goose. Cohen pleaded guilty to multiple felonies in connection with payments he made to Stormy Daniels and ex-Playboy model Karen McDougal.

It's another example of what happens when lawyers get too close to the line in representing clients. It also happened to attorneys R. Rex Parris Law Firm and Bruce Schechter.

They signed off on settlement agreement that said the "attorneys and each of them hereby agree that neither shall make any statement about the Action ... in the media, including but not limited to print, television, radio, or Internet." After Schechter talked to a reporter about it, the lawyers got sued.

A trial judge entered judgment against the attorneys, but an appeals court reversed. The panel said the agreement was between the parties, and that wasn't the lawyers.

Parties Second

In the porn star's case, Daniels sued to invalidate the confidentiality agreement after the president sued her for breaching it. Their lawyers will fight over it, but the early evidence is in.

Cohen admitted he paid Daniels hush money -- and worse. He said the president directed him to do it, so that gander is pretty much out of the bag.

Harry Litman, a law professor and former U.S. attorney, says its about damages. In Trump's case, it's not like his behavior was a secret.

"He already stands accused by dozens of women of being a serial adulterer and sexual offender (allegations he denies), so how much more damaging is one more claim?" he told CNN.

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