Lauri Rasnick, Susan Gross Sholinsky Quoted in “Trump Campaign Loss in NDA Fight Sets Stage for More Suits”

Law360 Employment Authority

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.