Out Frickin Standing!
Here’s an example of a non-disparagement clause in the real world. This one is from a wedding supply vendor’s contract. It forbids customers from making disparaging remarks or encouraging others to make them. For the last couple of years, we’ve been telling you about ridiculous, so-called “non-disparagement” clauses that threaten customers with financial penalties for writing (or threatening to write, or even encouraging someone else to write) something negative online about a company. California has already outlawed these clauses, which tend to fail when challenged in court, but an attempt to enact legislation at the federal level has so far fallen short. But that’s not stopping some members of Congress from trying to ban this form of consumer bullying.
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