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sc94597 said:
Hiku said:

Right, but I'm still not clear on the answer for what I'm wondering here. In your response we're assuming that both parties took actions that could lead to court proceedings. And I'm not surprised companies are held to a higher stadard than individuals. But I was trying to rule out the idea that there may be no legal risk to Hellena Taylor by looking at how Platinum went about it, and posting this question: If what she did happens to be non-enforcable, with no risk of going to court over the NDA breach even if PG wanted to persue it, would a Platinum employee making the same type of video as her not also be off the hook?

For example, the PG translator for the negotiations makes a video and tells people what she was actually offered.

Because in that case it sounds as if the difference is whether or not Hellena was contracted as an employee of the company at the time she made the statement?

In most jurisdictions sharing other people's offers is more harshly punished than sharing one's own (which in some jurisdictions, but not the U.K from what I gather) is a full legal right which an NDA can't enforceably infringe. 

Things become more complicated though if they are protecting themselves or the company's image from a lie. I doubt this would be a simple case, but Platinum probably has a higher risk in the situation.

Platinum wouldn't need to leak documents to defend itself, because in fact they harm themselves more that way, they would only need to deny Taylor's claim, it isn't in court to need to present evidence (and also doesn't have the legal protections of a case).

Hiku said:
DonFerrari said:

I would say that saying how much you were offered would be considered a very minor offense compared with the possibility of company intentionally leaking a full contract to jornal with intention of that being used to defend itself and take out credibility of the other party even more because they are using a roundabout way, so I would say it could be included intent to break the law.

Right but I'm wondering this under the pretence that there's no risk to Hellena, not just that her offense is minor in comparison. If there's no risk to her, would there be no risk to that PG employee?

And I don't know if this information was on any contract, because they seemingly never left the negotiation stages. The only contract in question may be the NDA, which I don't think would include the details of their conversation.

And of course, this PG emplyee would not reveal if they were instructed to do so, but just felt that they could not sit in silence and watch as the company they love is smeared with lies, or something to that effect.

To PG Employee probably wouldn't be a risk against Hellena (as Hellena would likely sue the company not an individual employee), the employee could them be fined, fired or sued by the company because of leaking documents.

There was possibly a MOU signed with the NDA as well. But sure we won't know the details.

If there was a judgement and the employee was discovered there wouldn't be much he could do to lie.



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