Legal Question in Business Law in New York
A client I did work for several months ago has only paid for less than 10% of my bill, and this only after a few months of requesting payment on my part. At the outset of our relationship, I signed an NDA that bars the revelation of trade secrets and IP (which I would never do anyway) but does not have a non-disparagement clause. The client is arguing that social media posts indicating the time expired since the work was done and payment was not delivered (Entity X has not paid for YYY days) are defamatory and in violation of the NDA. In my mind and from all I've read, the statement of a true condition is not defamation, nor is it revealing a trade secret or business practice (unless the trade secret is getting people to work for you and not paying them). Does the client's argument hold any validity?
1 Answer from Attorneys
These are probably not very goo claims but we would need to know exactly what was said, exactly what the agreement says along with the proper context and all the facts and circumstances. The best answer you can hope for here is "maybe."
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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