Jennifer Brandt was quoted in an ABA Journal article discussing the growing prevalence of confidentiality clauses and nondisclosure agreements (NDAs) within prenuptial agreements. “Since the rise of social media and how everybody posts about everything, it’s become more prevalent that people include clauses to protect their privacy in the event of a breakup,” said Jennifer. “You can’t go out and disparage your spouse or former spouse.” She added, “and those clauses are becoming more and more common for everyday people as well.”

Jennifer also commented on the challenges of drafting an NDA that protects a well-known celebrity and remains enforceable even if the covered information is released by someone else. “Once the information is out there, it’s out there,” she said. “And then it’s ‘Can the celebrity prove that their reputation has been harmed by this, and it’s that person’s fault?'”

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