The Weinstein Company releases all of Harvey’s victims from their NDAs

National Geographic’s Further Front

During the height of the Harvey Weinstein scandal last fall-winter, there was an interesting political debate going on adjacent to the #MeToo stories. The debate was about non-disclosure agreements, and how victims of harassment, abuse and assault are often persuaded, coerced or threatened into taking a paltry settlement in exchange for an NDA. Weinstein used NDAs on so many of the women he abused and harassed, including many of his former employees at the Weinstein Company. Years of watching Law & Order taught me that NDAs have no standing in criminal proceedings, but many of Weinstein’s victims didn’t pursue criminal charges, and as such, they were effectively silenced by the NDAs they were coerced into signing, and they lived for years under the threat of Weinstein’s lawyers if they ever breathed a word about what Weinstein put them through.

The political debate was about ending the practice of NDAs, or making it difficult for people/predators like Weinstein to pursue legal action if someone breaks an NDA and tells their story. Well, in Weinstein’s case, any and all current and former employees who were handcuffed by an NDA are now free to tell their stories. The Weinstein Company filed for bankruptcy and the company is releasing everyone from their NDAs.

The Weinstein Company Holdings LLC announced that it has filed for voluntary bankruptcy and entered into an agreement to sell its assets to a Dallas-based equity firm. It also announced that it is ending all nondisclosure agreements that prevented victims of alleged sexual misconduct at the hands of disgraced Hollywood mogul Harvey Weinstein from talking about their experiences.

The Weinstein Co. will enter into a “stalking horse” agreement with an affiliate of Lantern Capital Partners in conjunction with entering into bankruptcy proceedings.

“Under the agreement, Lantern will purchase substantially all of the assets of the Company, subject to certain conditions including approval of the Bankruptcy Court. The Board selected Lantern in part due to Lantern’s commitment to maintain the assets and employees as a going concern,” said the company in a statement released late Monday.

But it was the second and third paragraphs of the statement that are likely to draw even greater attention in light of the many women who have come forward to accuse Weinstein of sexually harassment and abuse: “Today, the Company also takes an important step toward justice for any victims who have been silenced by Harvey Weinstein. Since October, it has been reported that Harvey Weinstein used non-disclosure agreements as a secret weapon to silence his accusers. Effective immediately, those “agreements” end. The Company expressly releases any confidentiality provision to the extent it has prevented individuals who suffered or witnessed any form of sexual misconduct by Harvey Weinstein from telling their stories. No one should be afraid to speak out or coerced to stay quiet. The Company thanks the courageous individuals who have already come forward. Your voices have inspired a movement for change across the country and around the world.”

[From NPR]

A few things to point out: TWC has only released people from their NDAs as part of a complicated legal situation as part of the bankruptcy filing, not because they had some sudden come-to-Jesus moment about doing the right thing by these women. I’m sure a bankruptcy lawyer or specialist could explain this better, but I’m guessing this is the buyer’s way of saying that all women should come forward now or forever hold your peace because Lantern isn’t going to pay sh-t to you once they buy TWC. On the plus side, Lantern is also saying that it has no interest in enforcing TWC’s NDAs either. So all of Weinstein’s victims can tell their stories in the days, weeks and months to come without fear of being sued into oblivion.

Also: this NDA debate has huge political ramifications. The current #NotMyPresident is, as we speak, trying to tell his former mistress that she has no right to tell her story because she signed a very strange NDA.

2017 Tribeca Film Festival "Reservoir Dogs" Screening

Photos courtesy of WENN.

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11 Responses to “The Weinstein Company releases all of Harvey’s victims from their NDAs”

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  1. Nicole says:

    NDAs are terrible when used in this way. The current idiot in chief also had his staff sign NDAs which according to the ACLU are not enforceable. What a mess

    • Mrs Odie says:

      I don’t know how a president can do that with WH staff. They work for the republic, not the president, and so he can’t compel them to silence about the work they do for US. Also, if he’s doing illegal stuff, NDAs aren’t binding.

    • Leppdaved says:

      I think they all should be teleased. Bill Clinton’s nda included, I don’t see why Obama had one but all of them.

  2. LAK says:

    I’m not in favour of getting rid of NDAs, BUT i don’t support how TWC and Harvey abused them.

  3. BearcatLawyer says:

    Just because they are released from the confidentiality provision of their NDAs does not give them rights to sue. Any decent contract will have a provision that allows all other terms of the agreement to survive even if one or more terms are deemed illegal or amended or cancelled. The women gave up their rights to sue by signing these NDAs and accepting settlements. The way the statement is worded, it sounds like TWC/Lantern is fine with women speaking out about Harvey (something they may want to encourage to effectively distance the new entity from the old one) so they do not have to police the NDAs, but they are not going to be sued for years on end for what he did.

    • Anna says:

      It’s not about suing…IT’S ABOUT TELLING…TELLING EVERYTHING!
      #Witnesses4theProsecution!

  4. SM says:

    Gotta brace ourselves for the stories that will come our way..

  5. Sid says:

    Will stories about Georgina Chapman come out? There are new pictures of her with what seems to be a bodyguard that’s also been seen with Harvey. I guess those two are still working together. She’s just as bad as him and I think she’s more angry that this is affecting marchesa and her life rather than what he has done. Like that princes Charles article where Camilla was called a wicked woman, it applies to Georgina also. I think she’s evil. There’s nothing behind the eyes. And she’s a mean bitch on project runway all stars.

  6. ichsi says:

    Yes! BURN HIM!

  7. teacakes says:

    End him. And all the other scum men hiding behind NDAs.

  8. sadie77az says:

    I’m currently (and by “currently” I mean for the past 3.5 years) in litigation with a former psychologist who sexually abused me while I was unmedicated (I have bipolar 1). I should have just reported him to the Board of Psychologist Examiners which has a lower burden of proof and would likely have taken away his license; however, my next therapist insisted I file a lawsuit because I deserved compensation for everything I’ve been through (as you can imagine, it’s been hell). The burden of proof in court is much stricter, though, and his insurance company has consistently rejected my evidence as circumstantial or non-existent. He doctored his records, got a new phone carrier and now has no record of any of his texts to me, and my phone didn’t turn up any either despite paying $1200 out of pocket to have it forensically scanned by an FBI used agency. He has covered all his tracks. They had me tested by a forensic psychologist who came to the determinantion that because my scores were off the charts, I must be lying. My scores were so high because my moods swing so wildly and the accompanying emotions are so overwhelming and intense.

    As it stands now I do NOT want to go to court. I do not feel it’s in my best interests mentally or physically to do so. I’ve been through f***ing enough already. I have ulcers and panic attacks. I’m losing my hair (I’m 43). I don’t sleep. It’s affecting my parenting (I have one child). I’m just DONE. I feel like he’s won. The only way to get his license taken away would be by winning in court and I have every reason to think that will not happen. And the bottom line in terms of this article is that in order to be truly done I’m going to likely have to sign an NDA. I can’t believe it, but it’s true. Going to court will cost $100k over and beyond the $50k I already owe just in expenses, and if we lose I’ll be responsible for all his expenses, too. My firm took me on contingency so at least I’ll only owe them 40% of a settlement, but truthfully I doubt there will be a fruitful settlement). I’m fully expecting to walk away owing thousands in expenses not covered by the settlement.

    I’m SICK that I’ll have to sign an NDA, but I know I’ve reached the limits of what I can handle. I absolutely see where other women have agreed to NDAs to just end the thing.