Anti Defamation Agreement

A recent trend in jurisdictions that have passed anti-SLAPP (Strategic Lawsuit Against Public Participation) laws is for defendants to invoke anti-SLAPP motions in defense of denigration claims. These requests have had mixed results and appear to relate to the nature of the question of whether the term derogatory was protected by the anti-SLAPP law. Generally speaking, these agreements use broad language that encompasses all types of denigration, from IRL tirades to bad speeches that appear written and in between. Granovsky provides some examples of the language an employee might see in a non-disparagement clause (you can find more examples on his blog): non-disparagement agreements can be confusing, and the circumstances in which you are asked to sign one could be tense. While proving that a statement is degrading is not particularly painful, it can be difficult to prove the actual harm. The nature of the damage may seem easily obvious, but nevertheless speculative or difficult to quantify. A party that does not bear its burden of proof would not be imposed and would in turn be subject to additional attorneys` fees if there is a royalty transfer regime in place for the party. When faced with such a request, many employers may choose to remove any non-denisting language from the agreement instead of applying such a time limit. Employers who feel it is important enough to impose non-disparaging conditions on an applicant can reduce the risk and burden associated with a mutual lifespan by negotiating for a language that limits scope to certain individuals or members of management and explicitly limits coverage to exclude certain employees and situations. This is a very worrying case from the point of view of a lawyer. And be aware that this is not a unique case among most public and federal courts in the country. It seems that, wherever you are, the approval of a non-disparagement clause in a contract, such as for example. B a settlement agreement, can expose you to terrible consequences if you say something that the other party might “denigrate” in some way…

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