November 17, 2005
Reality TV Show Contracts
By Eric Goldman
I've blogged about the Apprentice TV show before. See, e.g., this post about product placement on the Apprentice. At ContractsProf blog, where I'm doing some occasional blogging, I critique the Apprentice's participant contract clause imposing a $5M penalty for breaching confidentiality.
Posted by Eric at November 17, 2005 10:27 PM | Licensing/Contracts
I agree with your analysis. Short-sighted legal drafting or simply a crafty psychological weapon? A few questions:
Would the $5mm be considered “unconscionable” given the disparate bargaining powers of the parties?
Typically, in New York anyway, the “no adequate remedy at law” language is used to more or less preempt any defenses to equitable relief. It appears that a LD clause is quite inimical to this. Can the two ever be compatible in a contract?
Great blog, by the way.
Posted by: David at November 19, 2005 06:14 PM