Shut Up! (Someone Is Actually Suing on the Basis of a Non-Disparagement Clause)

Last month, former Uber executive Eric Alexander filed a complaint (the “Complaint”) against another former Uber executive, Rachel Whetstone.

The Complaint alleges breach of a mutual non-disparagement clause in Whetstone’s separation agreement with Uber; a clause that Whetstone, during her negotiation with Uber, apparently insisted specifically name Alexander and preclude them from disparaging each other.  In the Complaint, Alexander alleges that he is a third party beneficiary of the contract and can therefore enforce the non-disparagement obligation against Whetstone.

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This blog post was republished as, “Cleary Gottlieb Discusses Non-Disparagement Clauses,” by The Columbia Law School Blue Sky Blog on November 6, 2018.