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« Another Iowa 1L blogger | Main | Another view from the ground in Iraq »

October 12, 2004


Kevin Jon Heller

You should see my confidentiality agreement with Mark Burnett Prods. for THE APPRENTICE. It's the most complicated agreement I've ever seen -- and contains a lovely $5,000,000 liquidated-damages provision. Unenforceable, most likely (what are they going to take? My laptop?), but still an effective deterrent!

Tung Yin

I'd like to see the agreement, but would that by itself be a violation of the confidentiality provision?!?


An acquaintance was doing something for a reality-TV show, but true to her agreement, she did not provide me with any detail other than, "There's a 250K liquidated damages provision."


Ironically, I'm doing research on liquidated damages now. I'd expect any of those provisions to be unenforcable though becaue they're so excessive that their only value is to compel performance rather than compensate for actual loss. That said, I wouldn't want to litigate against MBP.


I worked on David E. Kelley's new legal reality show. It has a $500,000 liquidated damages provision, and what Mohr did would definitely be covered. In law school, I learned that I am what's called "judgement proof." For Mohr, however, it's not a moot issue. I'm sure that he breached his contract, and it will be up to NBC on how to react.

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