What Happens If You Break an NDA? Jordyn Woods Is Reportedly About to Find Out
In advance of the Jordyn Woods-Jada Pinkett Smith interview on the Facebook web show Red Table Talk, lots of people are asking whether Jordyn has an NDA and whether she'll be breaking it to talk openly about Tristan Thompson, Khloe Kardashian, and Kylie Jenner.
In advance of the Jordyn Woods-Jada Pinkett Smith interview on Red Table Talk during which a whole bunch of tea might be spilt, a lot of people are asking whether Jordyn Woods has an NDA, what it covers (the word "ironclad" has been used), and whether she'll be breaking it to talk openly about Tristan Thompson, Khloé Kardashian, and her (ex?) best friend Kylie Jenner. All parties are keeping super-quiet on the subject, no surprise there, but it might lead you to wonder: Wait, how does that NDA stuff work again?
First of all, let's explore what a non-disclosure agreement, or NDA, actually is. It's a contract that, when signed, requires parties to keep whatever's listed in that contract confidential for whatever period of time is listed. NDAs are used for a whole variety of reasons, but, companies use them to protect trade secrets, for example. Celebrities and other wealthy individuals can use them to protect themselves from others talking about them.
What's covered? It'll depend on the language contained in the NDA—the wording of what exactly is included and what the repercussions are for talking are both very important. TV shows, especially reality TV shows, have been working with NDAs for decades, so they've likely perfected the language. If an NDA is too general or broad, sometimes that makes it unenforceable. So, precision is key.
It is possible if someone talks vaguely enough about a situation, or obtained information through a third party, the NDA wouldn't even be broken. But that can get tricky, and the stakes are high that the person might accidentally let on more than anticipated or that the inference still gives away too much.
In some cases, nothing happens when someone breaks an NDA, because the legal fees that one might incur in pursuing damages are pretty high. In other words, to sue someone for breaking their NDA takes time and money, not to mention the commitment to engage in what might be a long, potentially public legal battle and a public backlash. It's not for the faint of heart.
But, if the party does sue for breach of contract, copyright infringement, or another intellectual property violation, it can get nasty. Granted, this is business law, but Walgreens sued the infamous biotech company Theranos for breach of contract in 2016 for $140 million.
Interestingly, an NDA protects non-public information, but if a felony occurs, that NDA can't be enforced. So, that could be another way that a person can still talk, despite having signed an NDA. A judge can also strike down a secrecy requirement if it runs against public interest, such as the Weinstein allegations in which accusers broke their NDAs.
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Obviously, no one in this particular situation is talking, so we'll just have to wait and see!
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Katherine’s a contributing syndications editor at Marie Claire who covers fashion, culture, and lifestyle. In her role, she writes stories that are syndicated by MSN and other outlets. She’s been a full-time freelancer for over a decade and has had roles with Cosmopolitan (where she covered lifestyle, culture, and fashion SEO content) and Bustle (where she was their movies and culture writer). She has bylines in New York Times, Parents, InStyle, Refinery29, and elsewhere. Her work has also been syndicated by ELLE, Harper’s Bazaar, Seventeen, Good Housekeeping, and Women’s Health, among others. In addition to her stories reaching millions of readers, content she's written and edited has qualified for a Bell Ringer Award and received a Communicator Award.
Katherine has a BA in English and art history from the University of Notre Dame and an MA in art business from the Sotheby's Institute of Art (with a focus on marketing/communications). She covers a wide breadth of topics: she's written about how to find the very best petite jeans, how sustainable travel has found its footing on Instagram, and what it's like to be a professional advice-giver in the modern world. Her personal essays have run the gamut from learning to dress as a queer woman to navigating food allergies as a mom. She also has deep knowledge of SEO/EATT, affiliate revenue, commerce, and social media; she regularly edits the work of other writers. She speaks at writing-related events and podcasts about freelancing and journalism, mentors students and other new writers, and consults on coursework. Currently, Katherine lives in Boston with her husband and two kids, and you can follow her on Instagram. If you're wondering about her last name, it’s “I go to dinner,” not “Her huge ego,” but she responds to both.
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