Herman Cain and the Confidentiality Clause

It is my understanding that one violates a confidentiality clause if one talks about the case and aspects of a settlement.

One of the women who accused White House contender Herman Cain of sexual harassment wants to go public.

Her lawyer Joel Bennett told The Washington Post that he's asked the National Restaurant Association to ditch the confidentiality agreement that bars his client from dishing about her claims against Cain.

"It is just frustrating that Herman Cain is going around bad-mouthing the two complainants, and my client is blocked by a confidentiality agreement," Bennett told the paper.

"The National Restaurant Association ought to release [the complainants from the gag order] and allow them to respond."

The married Cain didn't seem thrilled by that prospect.

Asked on Fox News whether he'd ask the trade association to lift the gag order, Cain replied: "I can't answer that now."

"There are legal implications. If the restaurant association waives that ... I just found out about this today."

"There are legal implications associated with that that I am not familiar with yet. So I can't give you a definitive answer on that until we consult with our legal attorneys and also talk to some others."

Bennett said he represents one of the two women, an Ivy Leaguer who now works for the federal government.

She has not sought the limelight, but if the gag order is lifted, "then it is a whole new ballgame," Bennett said.

It's interesting one of the accusers is an Ivy Leaguer who now works for the federal government.

(No doubt she's a staunch conservative.)

But I digress.

How does one just ditch a confidentiality clause?

That would violate the conditions of the settlement.

I don't get it.

Furthermore, if the accuser wants the National Restaurant Association to waive the confidentiality agreement, it seems the settlement was between the association and the accuser, not Herman Cain and the accuser.

If that's the case, Cain doesn't have the authority to waive anything.

And what's the point of confidentiality if it can just be tossed out the window?

If you sign documents and agree to a settlement and it includes a confidentiality clause, you must abide by it.

Are such agreements worthless?

I'd like to know.