Lauri Rasnick and Susan Gross Sholinsky, Members of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, were quoted in Law360 Employment Authority, in “Trump Campaign Loss in NDA Fight Sets Stage for More Suits,” by Anne Cullen. (Read the full version – subscription required.)

Following is an excerpt:

A New York federal judge's recent decision that a nondisclosure agreement that Donald Trump's 2016 presidential campaign made staffers sign is unenforceable will pave the way for other former campaign workers to come forward …

"I certainly think this opens the door for people who signed the same and similar agreements to come forward," said Epstein Becker Green member Lauri Rasnick, who helps businesses draft and negotiate employment agreements. …

Tuesday's ruling has implications for employers beyond the world of politics. Epstein Becker Green employment partner Susan Gross Sholinsky told Law360 that the ruling should serve as a reminder that employers need to keep their contracts tightly tied to their business interests. …

Sholinsky said this serves as a good reminder for businesses that "when everything and the kitchen sink are thrown into a confidentiality provision, it can come back to bite you."

Sholinsky and her colleague Rasnick emphasized that there are a number of elements in the Trump campaign pact that businesses might find in their own agreements, like an indefinite time limit or bars on disclosures about affiliated companies.

The pair said that if company leaders haven't reviewed what they're asking employees to sign in a few years, now would be the time to take a fresh look.

"If there ever was going to be an agreement to learn a lesson from, this wouldn't be a bad choice," Sholinsky said.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.