New York Court blocks publication of Mary Trump's Tell-All Book

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noblepa
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New York Court blocks publication of Mary Trump's Tell-All Book

#1

Post by noblepa »

https://www.cnn.com/2020/06/30/media/ma ... index.html

A NY court has temporarily blocked publication of Mary Trump's (Don's niece) new book, which is purportedly extremely unflattering to the President.

The argument was the the book violated a confidentiality agreement related to the estate of the President's late father, Fred Trump.

Now, IANAL, but it seems to me that courts don't have the authority to block publication of a book, except in extreme circumstances, such as National Security. If her book violates the confidentiality agreement, it seems to me that the remedy is for Robert Trump (Don's younger brother, and the plaintiff in this case) to sue her for damages, after the fact.

If someone chooses to violate a confidentiality agreement, and I make no assumption that this book really has done so, it seems to me that prior restraint is not the answer. Rather, the violator should suffer consequences laid out in the agreement.

Can some of you IAAL's out there tell me whether I am right or wrong.

Simon and Schuster, the publisher, plans to appeal immediately. (Incidentally, and not really related to this suit, but Carly Simon, the singer, is the daughter of the Simon in Simon and Schuster).

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Orlylicious
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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#2

Post by Orlylicious »

Update the title: Until they didn't! :lol: :dance:

IMPOTUS' brother came out of a coma for this?

Harsh book about Trump family by president's niece, Mary Trump, can be published, judge rules
Mary Trump’s explosive book about her uncle, "Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man," is set to hit shelves on July 28.
July 1, 2020, 9:46 PM EDT By Dartunorro Clark

A New York state judge closed one chapter on an attempt to block a book by President Donald Trump's niece that paints a harsh portrait of Trump and their family’s history and ruled it can hit store shelves. Judge Alan D. Scheinkman, a New York appellate judge reversed a lower court’s decision from this week that issued a temporary restraining order on the book. Mary Trump’s book about her uncle, "Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man," is a potential bestseller, with tens of thousands of copies shipped before its July 28 publication. The book has also been at the top of online lists for book pre-sales.

"We support Mary L. Trump’s right to tell her story in Too Much and Never Enough , a work of great interest and importance to the national discourse that fully deserves to be published for the benefit of the American public," said Adam Rothberg, a spokesperson for the company. "As all know, there are well-established precedents against prior restraint and pre-publication injunctions, and we remain confident that the preliminary injunction will be denied."

Robert Trump, the president's younger brother, filed a suit in late June in New York in Queens County Surrogate court, where the estate of the president's father, Fred Trump Sr., was settled after his death in 1999. However, the judge tossed the case out because it was not the proper venue for the dispute. Lawyers for Robert Trump quickly re-filed a claim in Dutchess County Supreme Court in upstate New York, where he lives. Robert Trump argues that his niece, Mary Trump, violated a confidentiality agreement that barred her from writing the kind of tell-all book that she describes. Judge Hal B. Greenwald had initially issued a temporary injunction after Robert Trump re-filed in court in upstate New York. Robert Trump has argued that Mary Trump is not allowed to publish anything about her family as part of a settlement agreement in Fred Trump Sr.'s inheritance case.

The publisher, Simon & Schuster, said in a filing on Tuesday that it had already printed 75,000 copies, and more copies are being made. Simon & Schuster said in court documents that it be unconstitutional to stop publication and that it was unaware that Mary Trump had signed a nondisclosure agreement with her family. The company also believes that it is not liable if she breached the agreement. “We did not learn anything about Ms. Trump signing any agreement concerning her ability to speak about her litigation with her family until shortly after press broke concerning Ms. Trump’s Book about two weeks ago, well after the Book had been accepted, put into production, and printing had begun,” Jonathan Karp, the CEO of Simon & Schuster, said in an affidavit filed Tuesday. “And we never saw any purported agreement until this action was filed against Ms. Trump and Simon & Schuster.”

Karp said in his affidavit that Mary Trump revealed to the company she leaked Trump's tax returns to the New York Times for its 2018 investigation, which later won the Pulitzer Prince. Karp argued that since "no litigation" was taken after Trump's tax returns were leaked the company was "entirely confident in Ms. Trump’s ability to tell her story regarding her own family.”
https://www.nbcnews.com/politics/donald ... n-n1232733

Guess they'll try another appeal, but like with Bolton's book, as Royce Lamberth said, "the horse is out of the barn". Can't wait to see IMPOTUS' reaction... this should knock him off message and off his game for a few days. :smoking:
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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#3

Post by Orlylicious »















:lol:

Conway Mary.JPG
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woodworker
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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#4

Post by woodworker »

NOOOO. I got ninja'ed by late breaking news.

IAAL, but not a First Amendment specialist (far from it). However, I have always understood that unless the information sought to be suppressed was something along the lines of trade secrets, proprietary information, etc., the disclosure of which it would be extremely difficult to remedy solely by money damages, it was let them publish and sue for money damages afterwards. And here, given that everyone already knows that the great orange shitgibbon is a piece of shit, I don't see there could be any reputational damage or monetary damage.

However, what is more interesting to me is that, as I understand the injunction, it prohibits Ms. Trump and Simon and Schuster from proceeding with publishing the book. But I would have thought that a prudent publisher/author would have arranged with an overseas publisher to also handle publication/distribution for overseas markets and that any such injunction issued by a US court would not have no legal effect on an independent overseas publisher who has the contractual right to publish by a date certain.

Also, I would anticipate that bootleg copies of the work will start becoming publicly available. I am certain that there are pre-release copies out there for review and although such reviewers are contractually bound not to leak their copy, I am not sure that they would be covered by the injunction and the holder of any complaint relating to such a leak would be Ms. Trump and Simon and Schuster, who may not be all that upset by any leak. Once leaked, the arguments for suppression, which IMO are already weak, become much weaker, if are not mooted entirely.


I say publish and fight.

One last note: As a corporate attorney, I have drafted many many Confidentiality/Non-Disclosure/Non-Disparagement agreements or clauses and I have generally included language that stated that injunctive relief was available (a sample is below). However, when our firm would be asked to render a legal opinion (which is a much negotiated and document wherein the law firm is putting its reputation and insurance on the line for the opinions it renders, e.g., that a corporation is duly formed, that a particular action has be properly authorized, that the agreement is enforceable in accordance with its terms, etc. -- there are many forms of opinions and most are highly negotiated), we would always include language that we did not opine on the enforceability of any provision providing for injunctive relief. In other words, the language of the agreement may say that you are entitled to injunctive relief and that you can ask a court for injunctive relief, but we ain't gonna tell you the court will agree. The overall agreement may be enforceable, but the court may very well say no to injunctive relief, and in fact, that frequently happens that the courts say no.

The following is a "medium" sample of a confidentiality clause with injunctive relief (we also had a completely separate non-disparagement provision) (all of the capitalized terms used in this section and not defined herein were defined in other sections of the agreement):

(a) From and after the Effective Date, each of the Parties (each, a “Recipient Party”) shall maintain, and shall cause its Affiliates and representatives to maintain, the confidentiality of all Confidential Information (as defined below) of the other Parties and their Affiliates (each, a “Disclosing Party”) which are in the possession of a Recipient Party, except only to the extent that (i) such Confidential Information becomes generally available to the public other than as a result of a disclosure by the Disclosing Party, (ii) the Recipient Party is, or any of their Affiliates or representatives are, requested or required (by deposition, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demand or similar process) in connection with any proceeding to disclose any of such Confidential Information, provided, that in the event disclosure is requested or required pursuant to clause (ii) above, such Recipient Party shall give, and shall cause each of their Affiliates and representatives to give, the Disclosing Party reasonably prompt written notice of such request or requirement so that such Disclosing Party may seek an appropriate protective order or other remedy, and the Recipient Party shall cooperate, and cause their Affiliates and representatives to cooperate, with the Disclosing Party to obtain such protective order or other remedy. The term “Confidential Information” shall include, but is not limited to, the following types of information: information (i) which gives a Party some competitive business advantage or the opportunity of obtaining such advantage or the disclosure of which could be detrimental to the interests of such Party; (ii) which is owned by a Party or in which a Party has an interest (including information conceived, originated, discovered or developed in whole or in part by me); and (iii) which is either (A) marked “Confidential Information,” “Proprietary Information” or other similar marking, (B) commonly known to be considered confidential and proprietary by such Party or (C) from all the relevant circumstances should reasonably be assumed by a Person to be confidential and proprietary to a Party. Confidential Information includes, but is not limited to, the following types of information and other information of a similar nature (whether or not reduced to writing): rental lists, property agreements, trade secrets, inventions, drawings, file data, documentation, diagrams, specifications, know how, processes, formulas, models, flow charts, software in various stages of development, source codes, object codes, research and development procedures, test results, marketing techniques and materials, marketing and development plans, price lists, pricing policies, business plans, information relating to customers and/or suppliers’ identities, characteristics and agreements, financial information and projections, and employee files. Confidential Information also includes any information described above which a Party obtains from another Person and which such Party treats as proprietary or designates as Confidential Information, whether or not owned or developed by such Party.

(b) Injunctive Relief. In the event of a breach of any provision of Section 7(a) hereof, the Disclosing Party may, in addition to any other right or remedy, apply to any court of competent jurisdiction for specific performance and injunctive relief in order to enforce or prevent any violation of Section 7(a) hereof and the Recipient Parties agree, and shall cause their Affiliates and representatives, not to contest such relief on the grounds that the Disclosing Party has an adequate remedy at law.
bring out the tumbrils -- lots of them.

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woodworker
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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#5

Post by woodworker »

S&S needs to release some copies immediately, like tonight.
bring out the tumbrils -- lots of them.

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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#6

Post by Sunrise »

noblepa, would you please pick up the courtesy phone? This thread title needs to be updated. :thumbs:
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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#7

Post by fierceredpanda »

Good. It's high time courts started viewing these ridiculous NDAs that last forever with more skepticism.
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Re: New York Court blocks publication of Mary Trump's Tell-All Book

#8

Post by NMgirl »

woodworker wrote:
Wed Jul 01, 2020 10:33 pm
S&S needs to release some copies immediately, like tonight.
Thanks for the legal analysis! :thumbs: :bighug: :thumbs:

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