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ARTICLE · 22 AUGUST 2018

Non-disclosure agreements: Are they worth a razoo?

NDAs or confidentiality agreements are routinely used in business to restrict communication of confidential information.

AustraliaCorporate/Commercial Law

It's been hard not to have missed the recent controversy over whether Donald Trump can enforce a Non-Disclosure Agreement (NDA) against his alleged former adult entertainment friend – Stephanie Clifford, aka Peggy Peterson, aka Stormy Daniels.

Stormy acknowledges that she signed an NDA and that she received a six figure payment under it, but says that she is not bound because the now POTUS did not sign the document. It appears it was signed by his then lawyer, Michael Cohen. On top of that, for some time the President denied any knowledge of any deal with Stormy, or the payment made to her. For some time that was corroborated by Cohen, who said he did the deal without Trump's knowledge. She may be on to something.

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