Presiding Justice Scheinkman (Appellate Division) has lifted the TRO against Simon & Schuster

[catbyte]

Link to tweet

Justice Scheinkman (Appellate Division) has lifted the TRO against Simon & Schuster restraining it from publishing Mary Trump’s book. The TRO remains in effect as to Ms. Trump, but we will be filing a brief in the trial court tomorrow explaining why it must be vacated.

[The Velveteen Ocelot]

1. The order was ridiculous in the first place if it was based on the NDA.

Simon & Schuster wasn't a party to the NDA, so how could they be restrained from publishing the book? Even as to Mary Trump, normally the remedy for the breach of an NDA would be financial damages. I think her lawyers can make a good argument that preventing publication of the book would be an impermissible prior restraint.

[The Magistrate]

2. Thank You, Ma'am

That seems ironclad.

[Newest Reality]

3. Thanks.

I thought that might happen, or at least should.

Tweet went bye-bye though. Was it deleted for some reason?

[The Velveteen Ocelot]

5. It's still there.

[crimycarny]

4. And now even more people will want to buy her book

Nothing like telling people they can’t have something to drum up interest!

[The Velveteen Ocelot]

6. More detail here:

“While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights,” Scheinkman wrote.

Scheinkman found that, while anyone can enter into a confidentiality agreement, courts are “not necessarily obligated” to enforce such agreements. Courts must balance the interests of the party seeking to enforce the contract with “other legitimate interests, including, especially in this context, the public interest,” he wrote.

“Drawing the appropriate balance may well require in camera review of the book sought to be enjoined … the legitimate interest in preserving family secrets may be one thing for the family of a real estate developer, no matter how successful; it is another matter for the family of the President of the United States,” Scheinkman wrote.

https://www.law.com/newyorklawjournal/2020/07/01/ny-appeals-court-keeps-block-against-mary-trump-in-book-fight-but-lifts-it-for-her-publisher/