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Lawyer: Cain May Have Violated Confidentiality of Harassment Settlement
NPR ^ | November 1, 2011 | Liz Halloran

Posted on 11/01/2011 11:53:01 AM PDT by maggief

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To: lonevoice
I know it’s a little awkwardly worded, but that’s what it says.

Had to read it five more times before finally agreeing with you......LOL!

61 posted on 11/01/2011 12:51:46 PM PDT by Hot Tabasco
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To: Protect the Bill of Rights

“I haven’t seen the agreement” in a dozen years, he said. “I haven’t seen whether it goes both ways.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Rocket Science 101:

Look up the agreement in my files.


62 posted on 11/01/2011 12:53:45 PM PDT by maggief
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To: maggief

The only one that had an ax to grind was the woman. I doubt that any of the clerical staff in both the legal offices stashed away memories about this incident. The lawyers involved would be looking at a potential disbarment if they divulged. The woman was the only one that had a grudge to be satisfied


63 posted on 11/01/2011 12:56:02 PM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: MrB
Yep.

I think that's one of the reasons Cain's support is growing despite kerfuffles like this harassment accusation. Conservatives are increasingly concluding that they have found their champion.

64 posted on 11/01/2011 12:58:54 PM PDT by RoosterRedux
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To: maggief

I don’t know that Cain said anything about the Confidentiality Agreements. AFAIK, he spoke about accusations, and said that he recused himself and let the legal and HR teams handle it.

Of course I didn’t hear every remark he made and maybe he did say something, but it seems like a trap (which he may have avoided) to accuse him of something sinister, and then turn around and say he cannot repeat, refute or acknowledging what is already printed in newspapers and mentioned on 5 news networks because he signed an agreement. He didn’t, to my knowledge, divulge any info about the settlement except to admit that there were accusations.

Anyone hear anything different?


65 posted on 11/01/2011 1:05:18 PM PDT by monkeyshine
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To: maggief

That was the first thing I thought when Cain was pussyfooting earlier yesterday: confidential means confidential.


66 posted on 11/01/2011 1:06:46 PM PDT by jagusafr ("We hold these truths to be self-evident...")
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To: maggief; Pride in the USA; Stillwaters
On Greta's show last night Herman Cain said he didn't respond to the story initially because it was anonymously sourced. Politico didn't say who the woman was, and Herman wasn't going to respond to allegations by an unnamed woman. Herman said that Politico called his staff and gave them the name of the woman. So, someone breached whatever confidentiality agreement there may or may not be, and it wasn't Herman.

We don't know who disclosed the agreement to Politico, and we don't know who disclosed the name of the woman to Politico.

Now the attorney says "If an employer makes a confidential agreement, and then discloses it, there's a reasonable assumption that the employer has waived the confidentiality part of the agreement." But, the attorney says, he doesn't know if Cain signed any such agreement. Herman Cain was not the employer, the National Restaurant Association was.

But, relying on the fact that the agreement has been disclosed, the attorney now seems to feel free to talk about it on the basis that the confidentiality has already been breached.

In a transparent attempt to preempt any allegations that he himself may have been the one who disclosed the agreement to Politico, the attorney makes it a point to say that he doesn't remember the terms of the agreement. Therefore, he must have lacked the means to leak the existance of the agreement, its terms, or his client's name to anyone, right?

At this point, I'm thinking that IF Herman Cain was one of the signatores on the agreement, he may have legal recourse to a lawsuit and discovery against Politico to determine who disclosed the agreement and the woman's name to them.

I want this to be smoked out. The American electorate has a right to know who would criminally violate the legal terms of an agreement for purposes of interfering with the electoral process.

67 posted on 11/01/2011 1:09:53 PM PDT by lonevoice (The Fresh Prince of Bill Ayers, impeach we much. We will much about that be committed.)
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To: maggief

What have been the Sexual Harassment charges filed against the officers and ordinary employees of Politico?


68 posted on 11/01/2011 1:14:16 PM PDT by Graewoulf ( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.)
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To: Right_in_Virginia

Cain told Greta that he heard that there was a problem with the woman’s job performance, but that she had a boss over her that was responsible for the firing.


69 posted on 11/01/2011 1:14:40 PM PDT by Southnsoul
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To: Robe
The woman was the only one that had a grudge to be satisfied

She wouldn't even have to have a grudge. Just a desire for fame and fortune. Imagine a woman, potentially one with minimal scruples or ethics, who filed a complaint against someone 12 years ago. She suddenly learns that the target of her complaint has become hugely famous, maybe even on track to become the next President of the United States. She envisions herself as the next Donna Rice. The next Monica Lewinsky. The next woman whose name and face everyone will know, highly sought after for television interviews, huge paydays for her "story" as told to The Enquirer or People Magazine.

Yes, there may be a financial penalty for having been a party to breaching a confidentiality agreement. Given that the agreement itself was only for two or three month's salary, the penalty for breaching the agreement may not be excessive. She might have coldly calculated all the numbers on her Excel spreadsheet and decided it was worth throwing the dice.

70 posted on 11/01/2011 1:18:29 PM PDT by lonevoice (The Fresh Prince of Bill Ayers, impeach we much. We will much about that be committed.)
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To: MrB
The left is absolutely terrified of the prospect of Cain being 0bama’s opponent.

You bet they are. I listen to 950 here in Houston in the morning. A man named "willie" called in. He's black and calls in occasionally to give Joe Pags grief. Today he said he would vote for Cain. I was shocked since Willie is normally a dem shill.

71 posted on 11/01/2011 1:25:18 PM PDT by NELSON111
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To: lonevoice

Is this the first time the attorney’s name has been mentioned? How did NPR locate Joel P. Bennett, or did he contact NPR? Why is he deliberately speaking in generalities regarding a potential confidentiality agreement breach if he has the case file at hand?


72 posted on 11/01/2011 1:25:29 PM PDT by maggief
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To: TSgt

Once again we see that the legal profession is the most dangerous group in America today. Way back in the late 60s, the New Left advocated use of lawyers in achieving its revolutionary objectives. Thanks to judges appointed by Clinton and other Lefties, law does not mean what the legislature meant when it was passed, but what Commie appointees determine years later.


73 posted on 11/01/2011 1:26:46 PM PDT by hellbender
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To: maggief
The lawyer for a woman who settled a sexual harassment complaint against Republican presidential candidate Herman Cain in the late 1990s says that Cain may have violated the confidentiality terms of the agreement by commenting on its specifics over the past 24 hours.

Then the lawyer continues to tell us more about who the woman is.

74 posted on 11/01/2011 1:29:30 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: maggief

This is such a non-story story. An attorney claims Cain “may have” violated the terms of an agreement but he won’t know for sure until he actually sees the agreement!

This is just plain dirty pool. You can say this about anyone. The President “may have” committed Treason, but I won’t know for sure until I see all the documents the White House has shared with and received from each foreign government.

Is he the attorney that represented her in a claim against, or about the confidentiality agreement with NRA? Seems a bit of a disconnect for him to swear by her fidelity without having a copy of the agreement or the allegations. (And usually these agreements don’t list every allegation, they are usually general releases absolving both parties from all known and unknown and consequential...)


75 posted on 11/01/2011 1:31:29 PM PDT by monkeyshine
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To: maggief

I remember back during the Anita Hill thing, NPR was driving that story like a jackhammer every friggin day


76 posted on 11/01/2011 1:32:08 PM PDT by Buckeye McFrog
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To: hellbender

law professors are refugees from the legal profession.

they were unable to hack it in the real world so they found a job at one of the oversupply of law schools


77 posted on 11/01/2011 1:36:03 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: lonevoice

“who would criminally violate the legal terms of an agreement”

Uhh, breaching such an agreement would not be criminal it would be civil.


78 posted on 11/01/2011 1:39:28 PM PDT by babygene (Figures don't lie, but liars can figure...)
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To: maggief

I’m nearly certain it’s the first time his name’s been mentioned.

What a great point you made! We should be told if Bennett initiated the contact with NPR (and why!), or if NPR somehow “knew” of him and contacted him. NPR may or may not (to use their own weasel words) be a party to having breached any confidentiality agreements, or knowing who did. Our tax dollars pay for NPR to exist, and we have a right to know if they’re complicit in interfering with the electoral process.

I think Bennett’s trying to make it seem as though he doesn’t have the case file at hand, as in therefore he couldn’t possibly have leaked information to anyone. He feels free to speculate about the terms of the agreement, and it having been breached, but not free to speculate on who may have breached it? He’s full of crap.


79 posted on 11/01/2011 1:40:14 PM PDT by lonevoice (The Fresh Prince of Bill Ayers, impeach we much. We will much about that be committed.)
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To: Anima Mundi

Yes, this lawyer has breached his ethical duty of confidentiality IMHO. Given the resources of the press, what he has revealed could allow the cockroaches to identify her. Unless she really wants to go public she ought to file a grievance against him.


80 posted on 11/01/2011 1:44:07 PM PDT by colorado tanker
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