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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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May 17, 2005

Hypocritical Tabloid Publisher Fails to Silence Former Employee

Posted by Ernest Miller

Ah, irony. American Media, Inc., publisher of such infamous tabloids as the National Engquirer and the Weekly World News, sued Stephanie Green, a former fact-checker for Star Magazine, because she intends to publish a fictional account of life at a tabloid magazine, Dishalicious. The lawsuit was foiled recently when the judge wouldn't permit discovery of the manuscript, which it was claimed violated the confidentiality agreement signed by Green as an employee.

Media Law Prof Blog has the order and a nice summary (American Media Loses in Attempt to Obtain Manuscript From Former Employee). Read the 10-page pre-trial discovery order: American Media, Inc. v. Stephanie Green [PDF].

Apparently, confidentiality agreements, at least in New York,

will be enforced only "if reasonably limited temporally and geographically, and to the extent necessary to protect the employer's use of trade secrets and confidential information.".... In this case, the Confidentiality Agreement cannot be enforced to prevent Green from using her observations regarding employees and supervisors at the Star, to write a fictional account since such information does not qualify as a trade secret, and is not otherwise entitled to confidentiality.[citations omitted]
Good policy, but I just find it extremely humorous that American Media would seek to uphold such a confidentiality agreement since they undoubtedly get so much of the information they publish from people who violate similar confidentiality agreements. One sample of the confidentiality agreement:
[Green would] not write, speak or give interview, either directly or indirectly, on or off the record about your work at [AMI] including without limitation facts and information you have learned during your employment at [AMI] and about [your] assignements, for purposes of publication in any media in any way, directly or indirectly, without prior approval of [AMI].

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