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Usually I would expect the truth to be a defense against defamation. Looks like binding arbitration is an end run around that.
I’m not a lawyer, but I thought this kind of NDA was declared illegal. Like for sure you can’t share legally protected data (copyright, trade secret, and the like) but talking disparagingly seems like a pretty obvious first amendment violation.
And I know that protects you from the government, but who’s enforcing the stipulations of such an NDA?
Nda's do not traditionally cover illegal activities either. Like if you were illegally trafficking puppies and you broke the NDA to expose that, that NDA was illegal to begin with and not enforceable. The courts are just so corrupt now they are just going along pretending to not be sold out plutocratic tools.
She's in America. We no longer even respect our Constitution. So at this point, any existing law is easily avoided by the rich with money and time. If you are unable to pay lawyers to fight back, you get railroaded and bleed out.
The only law left in America is money.