“The statements do not disclose hard data such as internal polling results or donor financial information,” Mr. Brown wrote. “Rather, they are for the most part simply expressions of unflattering opinions, which are deemed ‘confidential information’ based solely upon the designation of Mr. Trump. This is exactly the kind of indefiniteness which New York courts do not allow to form the terms of a binding contract.”
At another point, Mr. Brown wrote that the agreement “effectively imposes on Respondent an obligation to never say anything remotely critical of Mr. Trump, his family or his or his family members’ businesses for the rest of her life.”
The arbitrator added, “Such a burden is certainly unreasonable.”
Mr. Phillips, who is based in Florida, said the lawsuit had been an abuse of power by a sitting president. “It’s over,” he said. “We’ve won in Donald Trump and the Trump campaign’s chosen forum.”
Arbitration decisions do not create a precedent, according to Shira A. Scheindlin, a retired Federal District Court judge for the Southern District of New York. That means that there is no potential impact from the Manigault Newman case on ones filed against other Trump employees.
However, a ruling in one case “may be persuasive” in another, said Cliff Palefsky, a lawyer in San Francisco who is an expert in the arbitration process. In the decision in Ms. Manigault Newman’s case, the arbitrator referred to a ruling in a class-action suit filed in New York by a former Trump campaign aide, Jessica Denson. In that case, a judge ruled that the Trump campaign’s nondisclosure agreements were not enforceable.
The decision in the Denson case and the arbitration decision in Ms. Manigault Newman’s case are both blows to Mr. Trump’s reliance on nondisclosure agreements as a way to intimidate former aides.
The decision was made public a week before a new book by Stephanie Grisham, one of Mr. Trump’s former White House press secretaries, will be released. The book paints a deeply unflattering portrait of Mr. Trump and his wife, Melania Trump.
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