Tuesday, April 10, 2018

Unusual Confidentiality Provision in Sexual Harassment Settlement

The NYT is reporting that there are six publicly known settlements involving former Fox News star Bill O’Reilly, five for sexual harassment and one for verbal abuse, that total about $45 million. According to the article the settlement agreements contain strict, and some might say, punitive, confidentiality provisions.

As everyone now knows, since the release of the Stormy Daniels agreement and the subsequent press and legal battles, settlement agreements often contain very strict confidentiality provisions,  including representations regarding the return of pictures and documents.

What is unusual is that, according to the article, one of the Bill O'Reilly agreements also contains a provision requiring the accuser to disclaim such materials “as counterfeit and forgeries” if they ever became public.

That is an interesting provision. While it might be the case that the material actually is counterfeit and a forgery, the next question is why is the counterfeiter being paid money? If the materials are in fact authentic, does the agreement require the accuser to lie?

Stormy Daniels claims that she was pressured to lie in connection with her settlement agreement. Is this the standard operating procedure for accused harassers and cheaters?

The article is at the NYT site - https://nyti.ms/2EhZkhv
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