Bar Bulletin

Bar Bulletin

Arbitration Blues: Stormy Daniels v. Donald Trump

May 2018 Bar Bulletin

By Gregg Bertram

The dispute between porn star Stormy Daniels and Donald Trump continues to dominate the news cycle. Ironically, the nondisclosure agreement (NDA) purportedly entered into between them was designed to avoid any publicity about their alleged affair that happened more than 10 years ago.

Among other things, the NDA contains a one-sided arbitration clause (NDA Sec.5.2) and Daniels is waging a determined battle to have the NDA, including its arbitration provision, declared invalid. Daniels’ attorney, Michael Avenatti, filed a complaint in Los Angeles County Superior Court (No. BC 696568) seeking that relief.

Trump’s attorneys have recently removed the case to U.S. District Court, at...

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