Dec 17, 2020
Casey is an entertainment and
digital media law attorney who helps influencers and creative
entrepreneurs who struggle with navigating the legal side of their
businesses and brands, specifically as it relates to contracts. She
prides herself on helping creatives negotiate fair deals with
Fortune 500 companies and leading entertainment brands, all while
helping them build legally sound businesses that are built for
generational wealth and impact. Here on the podcast, she normally
does that through sharing the stories of successful entrepreneurs
and influencers to help you learn from their mistakes. But
occasionally, like today, switches things up and highlights popular
- Understand the contracts you use! In this case,
an NDA needs to include every possible party in order to really
work. Just because an NDA was signed by some parties in this
matter, the loophole was that the vital party was not included in
brings me to the next point: Know your rights! Discovery exploited
that oversight, in this case and it was legally within their
rights. Morals and reasonable qualms aside, they did not break any
- Understand your constituted rights! In cases
like these, it can be easy to fold when you don’t understand the
basic rights that all individuals and entities are afforded under
the constitution. We’re hearing a lot about the First Amendment,
these days, because freedom of speech is a hot topic in politics
and popular culture. If you are not familiar with the constitution,
now would be a great time to brush up!
[4:25] – A
brief background of the dispute:
in September while the country was abuzz about the presidential
debates, Discovery Channel was in the midst of a legal battle about
an Abraham Lincoln Documentary called, Undiscovered: The Lost
Lincoln. Which centers around a never before seen photograph of
Lincoln on his deathbed. This documentary has since aired, but it
wasn’t without a fight! Discovery Channel had to overcome a
temporary restraining order that was meant to block the airing of
the documentary, due to an NDA.
[9:16] – How
the First Amendment comes into play in this case:
10/2, a judge denied a TRO. "The Lost Lincoln is speech protected
by the First Amendment and by the prior restraint doctrine," writes
U.S. District Court Judge . "The Lost Lincoln also constitutes
speech on a matter of public concern... Plaintiffs argue that the
prior restraint doctrine does not protect a party who has bargained
away First Amendment rights by contract. However, it is undisputed
that Discovery, the only party against whom injunctive relief is
presently sought, is not a party to a non-disclosure or
confidentiality agreement with Plaintiffs.""
[10:40] – What
is an NDA and how does it work?
non-disclosure agreement, or NDA, is a legal document that keeps
the lid on such sensitive information. These agreements may be
referred to alternatively as confidentiality agreements (CA),
confidentiality statements, or confidentiality clauses, within a
larger legal document.
exact nature of the confidential information will be spelled out in
the non-disclosure agreement. Some NDAs will bind a person to
secrecy for an indefinite period of time so that at no point in
time can the signer divulge the confidential information contained
in the agreement. Without such a signed agreement, any information
disclosed in trust can be used for malicious purposes or be made
public accidentally. The penalties for breaking an NDA are
enumerated in the agreement and may include damages in the form of
lost profits or possibly criminal charges.
[15:38] – Key
- Understand the contracts you use!
your rights! Discovery exploited that oversight, in this case and
it was legally within their rights.
- Understand your constituted rights! Contracts
go beyond the page. The government can play a role in how your
contracts are inforced.
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