NDA

[Lohan2008]

CofS plans to still sue Debbie Cook for breach of Non-disclosure agreement, even from this small insert (see below) I could see some potential problems.

1> the e-mail was an internal communication and DC directed others to keep it 'confidential', therefore was not a breach of contract.
2>What was the original money paid for ?
3>Was the agreement with TSA, therefore not binding to CofS which is a non-profit org ??


Some common issues addressed in an NDA include:
outlining the parties to the agreement;
the definition of what is confidential, i.e. the information to be held confidential. Modern NDAs will typically include a laundry-list of types of items which are covered, including unpublished patent applications, know-how, schema, financial information, verbal representations, customer lists, vendor lists, business practices/strategies, etc.;
the disclosure period - information not disclosed during the disclosure period (e.g., one year after the date of the NDA) is not deemed confidential;
the exclusions from what must be kept confidential. Typically, the restrictions on the disclosure or use of the confidential data will be invalid if the recipient had prior knowledge of the materials;
the recipient gained subsequent knowledge of the materials from another source;
the materials are generally available to the public

[Panda Termint]

It's not about what was said, it's about who said it. :biggrin:

[SpecialFrog]

NDAs can cover internal communication. Not everyone within an organization is supposed to know everything.

However, NDAs can never cover things in the public domain.

What they are likely going to focus on are the disparagement clauses.

[freethinker]

Aren't those in the public domain already as well like Musical Chairs Int Base Style?
NDAs can cover internal communication. Not everyone within an organization is supposed to know everything.

However, NDAs can never cover things in the public domain.

What they are likely going to focus on are the disparagement clauses.

[SpecialFrog]

Aren't those in the public domain already as well like Musical Chairs Int Base Style?

The NDA and disparagement sections are different. The disparagement bits could be read to imply that she couldn't say "Miscavige is short." to her husband.

[Lohan2008]

I am curious to hear from Exscn members how they recon CofS will play the lawsuit ?

[marsupial]

Does the NDA specifically say that the $50K was for silence?

[Smurf]

Does the NDA specifically say that the $50K was for silence?No, of course, not. That would be illegal. Even though judges & lawyers would recognize that the payoff was an important part of the NDA, it has to be prefaced as a "consideration", i.e., in signing the agreement, the cult recognizes how difficult the present situation is & we want to be the "good guys" & help you out.

It's no different than employers who terminate employees, and offer them severance pay, in return for their signing NDA's or other agreements. For example, if I was working for a bank & was terminated, I could be offered a severance package if I agreed to not work for a competing bank or financial institution for 18 months.

http://www.searcylawoffices.com/Employment-Law/Employment-Severance-Non-Compete-Agreements.aspx

These types of agreements are perfectly legal and happen all the time.

[programmer_guy]

No, of course, not. That would be illegal. Even though judges & lawyers would recognize that the payoff was an important part of the NDA, it has to be prefaced as a "consideration", i.e., in signing the agreement, the cult recognizes how difficult the present situation is & we want to be the "good guys" & help you out.


I am not sure what you mean. There were several old timers who took huge payoffs to shut up... like Bent Corydon.




It's no different than employers who terminate employees, and offer them severance pay, in return for their signing NDA's or other agreements. For example, if I was working for a bank & was terminated, I could be offered a severance package if I agreed to not work for a competing bank or financial institution for 18 months.


Actually when one is hired as an engineer, we have to sign an NDA right up front before we can even be hired. This does NOT happen at the time of termination of employment. So, I am not sure what you mean. Would you explain what you mean a little more?

[ChurchOfCylontology]

Actually when one is hired as an engineer, we have to sign an NDA right up front before we can even be hired. This does NOT happen at the time of termination of employment. So, I am not sure what you mean. Would you explain what you mean a little more?

I think Smurf's statement referred to a non-compete agreement (which are not binding in California) and you are asking about a non-disclosure agreement/intellectual property agreement which if signed pre-employment usually means that anything/everything you create as an engineer is the property of the company, not your property, and that you promise not to disclose it outside the company.

[programmer_guy]

I think Smurf's statement referred to a non-compete agreement (which are not binding in California) and you are asking about a non-disclosure agreement/intellectual property agreement which if signed pre-employment usually means that anything/everything you create as an engineer is the property of the company, not your property, and that you promise not to disclose it outside the company.

I am still not sure what smurf is referring to.

But what you say is correct for proprietary items.
However, for example, I can still create a Wireshark plug-in for a new standard comm protocol that my company is working with as long as it is a publically published specification and offer it as Open Source with no legal problems.

[Lohan2008]

Even though judges & lawyers would recognize that the payoff was an important part of the NDA, it has to be prefaced as a "consideration", i.e., in signing the agreement, the cult recognizes how difficult the present situation is & we want to be the "good guys" & help you out.
These types of agreements are perfectly legal and happen all the time.

Thanks Smurf :thumbsup: Sounds clear to me.
I wonder if CofS will settle for getting back the $100K and not follow this futher ...