Judge Gardephe last week ruled that the non-disclosure and non-disparagement clauses found in the employment agreements for Donald Trump’s 2020 presidential campaign were void and unenforceable. The action originally arose when the Trump campaign commenced an arbitration proceeding against a former staffer, claiming that she had breached the non-disclosure and non-disparagement clauses by filing a complaint alleging sex discrimination claims in New York state court. The present complaint was brought as a putative class action by former employees of the campaign, who sought a declaration that these provisions of the employment agreement were unenforceable.
Judge Gardephe granted the plaintiffs’ motion for summary judgment, and focused on the breadth of the non-disclosure provision as a basis for finding it unenforceable:
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