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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

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.

"Herman Cain and others have already disclosed that there was a confidential settlement," says Joel P. Bennett, a Washington-based attorney specializing in employment law, who also represented the woman when she negotiated her settlement.

(snip)

"I don't know if she'll ever go public," he said Tuesday.

(snip)

Without having the agreement in hand, Bennett says he doesn't know what it specifically says about Cain's obligations under the non-disparagement and confidentiality clauses.

"I haven't seen the agreement" in a dozen years, he said. "I haven't seen whether it goes both ways."

But even if it doesn't, Bennett 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."

Bennett said his client, a graduate of an Ivy League university, worked in professional positions in government for many years before her tenure at the restaurant lobbying group, and does so currently.

It is "inconceivable," Bennett told NPR, that his client was motivated by money, or by a romantic interest in Cain.

"I've known her for a long time, and she's happily married," Bennett said, adding: "I can tell you also that I don't represent people who are trying to shake down employers."

(snip)

(Excerpt) Read more at npr.org ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: cain; cainscandals; gopbackstabbing; hermancain; lyinglawyer; lyingwitch; romney; roviantricks; sexualharassment; stenchofromney; teamromney
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1 posted on 11/01/2011 11:53:03 AM PDT by maggief
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To: maggief

LOL. No word from the attorney about how the information got into the hands of politico.com in the first place.


2 posted on 11/01/2011 11:54:35 AM PDT by GreenAccord (Bacon Akbar)
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To: maggief

Way to double down on stupid Smearbots.

Cain had his best fund raising day ever yesterday. Thanks for the help NPR.


3 posted on 11/01/2011 11:55:26 AM PDT by MNJohnnie (Giving more money to DC to fix the Debt is like giving free drugs to addicts think it will cure them)
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To: maggief
Larry Flynt will make her an offer she can't refuse.
4 posted on 11/01/2011 11:55:33 AM PDT by E. Pluribus Unum ("Government does not solve problems; it subsidizes them." --Ronald Reagan)
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To: maggief

Seems that the other side may have violated the confidentiality agreement by putting it out there in the first place.


5 posted on 11/01/2011 11:55:51 AM PDT by psjones (u)
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To: maggief

Tweeee! Piling on! Fifteen yards!

6 posted on 11/01/2011 11:55:59 AM PDT by NativeNewYorker (Freepin' Jew Boy)
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To: maggief
Good old NPR...
Why are my tax dollars paying their salaries?
7 posted on 11/01/2011 11:56:41 AM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: maggief
Without having the agreement in hand, Bennett says he doesn't know what it specifically says about Cain's obligations...

All you need to know in that line right there.

8 posted on 11/01/2011 11:56:50 AM PDT by Drill Thrawl (The patient is too far gone to save.)
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To: maggief

Fine, make the anonymou$ accu$er go public.

If $he i$n’t motivated by money then why did $he $ettle?


9 posted on 11/01/2011 11:56:58 AM PDT by TSgt (Legal Disclaimer: View my profile at your own risk)
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To: maggief

Now it’s starting to sound like a Dem leak, although it still seems too soon in the election cycle.


10 posted on 11/01/2011 11:57:04 AM PDT by chrisser (Starve the Monkeys!)
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To: maggief

Didn’t Politico disclose it?


11 posted on 11/01/2011 11:57:05 AM PDT by 5thGenTexan
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To: maggief

Cain did NOT pay this woman off! He fired her and gave her the usual 3 months severence pay!


12 posted on 11/01/2011 11:57:35 AM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: maggief

So the lib media makes the news public. And now says Cain is guilty for defending himself publicly.

LOL!


13 posted on 11/01/2011 11:57:35 AM PDT by nhwingut (Draft Palin '12... For 3rd Party Run)
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To: maggief

Wonder if Bennett was one of the sources for politico’s article?


14 posted on 11/01/2011 11:57:52 AM PDT by upchuck (Rerun: Think you know hardship? Wait till the dollar is no longer the world's reserve currency.)
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To: maggief

He never mentioned names. If Polutico knew this, it appears the violation was well before Mr Cain’s answers.

Could be he was waiting on this before answering.

See how it works? It is no longer about the silly story. It is about the aftermath.


15 posted on 11/01/2011 11:58:05 AM PDT by dforest
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To: maggief
Weasel attorney or is that redundant?

16 posted on 11/01/2011 11:59:11 AM PDT by TSgt (Legal Disclaimer: View my profile at your own risk)
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To: GreenAccord

Exactly. Who told in the first place and does the dumb broad really want to take this public right now.


17 posted on 11/01/2011 11:59:36 AM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: maggief
It is "inconceivable," Bennett told NPR, that his client was motivated by money, or by a romantic interest in Cain.


18 posted on 11/01/2011 11:59:53 AM PDT by PapaBear3625 (Civilization is unnatural. It is a whim of circumstance. Barbarism must always ultimately triumph.)
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To: maggief
You must be kidding!

I might support this guy just because the idiots that are against him. I need more, but this is gettin dopey.

19 posted on 11/01/2011 11:59:54 AM PDT by Why So Serious (There is no cure for stupidity!!!)
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To: chrisser

You are right—more pointing to how liberals and dems operate. Of course, a Paul supporter took out a full-page ad in the Austin Chronicle to ask about Perry’s sex life.


20 posted on 11/01/2011 12:01:27 PM PDT by Mamzelle
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To: GreenAccord
"I can tell you also that I don't represent people who are trying to shake down employers."

So HE'S the ONE attorney that won't, eh?

21 posted on 11/01/2011 12:01:34 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: maggief

“I’ve known her for a long time, and she’s happily married,” Bennett said, adding: “I can tell you also that I don’t represent people who are trying to shake down employers.” .............................................................=Typical Plaintiff Lawyer speak.


22 posted on 11/01/2011 12:01:45 PM PDT by Bringbackthedraft (CAIN 2012, AMERICA ,LETS GET BACK TO "BUSINESS"! ( w/ Alan West as SOD too))
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To: maggief
So how does this lawyer know that Cain was talking about an incident that he has knowledge of?

ML/NJ

23 posted on 11/01/2011 12:01:55 PM PDT by ml/nj
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To: maggief
--Lawyer: Cain May Have Violated Confidentiality of Harassment Settlement--

I think what he means to say is that Lawyer: Cain May, or may not Have Violated Confidentiality of Harassment Settlement

24 posted on 11/01/2011 12:02:16 PM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: chrisser

Nope, not too soon.

The left is absolutely terrified of the prospect of Cain being 0bama’s opponent.

90% of their campaign goes down the tubes right there.


25 posted on 11/01/2011 12:03:16 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: maggief
Without having the agreement in hand, Bennett says he doesn't know what it specifically says about Cain's obligations under the non-disparagement and confidentiality clauses.

Another example of the unsubstantiated speculation that passes for journalism these days.

26 posted on 11/01/2011 12:03:16 PM PDT by Pan_Yan
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To: Why So Serious

A few weeks ago my wife said, “Man, MSNBC really hates Cain, he must be pretty good.”


27 posted on 11/01/2011 12:03:58 PM PDT by Drill Thrawl (The patient is too far gone to save.)
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To: Why So Serious

IOW, judge a man by the enemies he makes. :-D


28 posted on 11/01/2011 12:04:47 PM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: MNJohnnie

Betchas some of the checks had “Politico” on the memo line.


29 posted on 11/01/2011 12:05:02 PM PDT by Eric in the Ozarks
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To: maggief

by washington, does the writer mean DC or the state?


30 posted on 11/01/2011 12:06:54 PM PDT by Mamzelle
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To: basil

HE didn’t fire her. The restaurant association let her go with severance pay.

If Cain didn’t sign anything, then he’s under no obligation to maintain confidentiality, but the other person still is.


31 posted on 11/01/2011 12:07:13 PM PDT by Marie (Cain 9s Have Teeth)
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To: maggief
Bennett said, adding: "I can tell you also that I don't represent people who are trying to shake down employers."

I don't know if he has any legal basis considering the female's name is still confidential. BUT, watch her name to be mysteriously leaked in the near future.......

I saw this coming, Cain was caught in a two way trap, damned if he does, damned if he doesn't......

32 posted on 11/01/2011 12:07:27 PM PDT by Hot Tabasco
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To: TSgt
Weasel attorney or is that redundant?

98% of lawyers give the rest a bad name.

TS

33 posted on 11/01/2011 12:07:47 PM PDT by The Shrew (www.wintersoldier.com; www.tstrs.com; The Truth Shall Set You Free!)
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To: chrisser
Now it’s starting to sound like a Dem leak ...

Romney was, is, and always will be a dem.

34 posted on 11/01/2011 12:08:11 PM PDT by Pan_Yan
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To: maggief; Grampa Dave
It wasn't a formal "settlement" but rather a simple "agreement." That is NOT a distinction without a difference!!!

Any competent lowyer should know and understand that!!!

35 posted on 11/01/2011 12:08:35 PM PDT by SierraWasp (I'm done being disappointed by "He/She is the only one who can win" and being embarrassed later!!!)
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To: maggief
It is "inconceivable," Bennett told NPR, that his client was motivated by money,

[translation]: 'I'm not saying it isn't true - but its "inconceivable" (so don't you dare conceive of it...)'...

...or by a romantic interest in Cain.

[translation]: 'But I'll keep tossing those sexual innuendos out there, even though this doesn't have anything to do with sex...'

"I've known her for a long time, and she's happily married," Bennett said,

Fine, and I like pie...

... adding: "I can tell you also that I don't represent people who are trying to shake down employers."

[translation]: 'I could tell you that ... but it would be lying... And we lawyers never lie...'

36 posted on 11/01/2011 12:08:47 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: maggief

Don’t make me write Cain another campaign check.


37 posted on 11/01/2011 12:09:02 PM PDT by dfwgator
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To: maggief
You can always tell when a lawyer is lying. It happens as soon as he starts talking.
38 posted on 11/01/2011 12:09:43 PM PDT by org.whodat (Just another heartless American, hated by Perry and his fellow demorats.)
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To: maggief

The RinoCrats are gettin’ desperate...reachin’ for technicalities...


39 posted on 11/01/2011 12:10:01 PM PDT by mo
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To: maggief
Bennett said his client, a graduate of an Ivy League university, worked in professional positions in government for many years...

"Well, there's a *****in' surprise...."

40 posted on 11/01/2011 12:11:42 PM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: basil
Cain did NOT pay this woman off! He fired her and gave her the usual 3 months severence pay!

You are kidding, right?

41 posted on 11/01/2011 12:13:04 PM PDT by Right_in_Virginia
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To: GreenAccord
"I don't know if she'll ever go public," he said Tuesday.

Yes you do, the question is when and who will offer the most $$$$$.........

42 posted on 11/01/2011 12:13:15 PM PDT by Hot Tabasco
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To: maggief

Sounds like this lawyer revealed a lot of information which could help anyone find this woman. Someone who had this lawyer, an ivy league education, worked in that particular position at that time and who is happily married. Does he have no obligation as to keeping her identity confidential? This is so insane.


43 posted on 11/01/2011 12:14:42 PM PDT by Anima Mundi (If you build it, they will come and take it away from you..)
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To: maggief

(1) There’s no evidence that Cain ever signed the confiality agreement. Apparently it was between the NRA and the employee.

(2) We should thank the lawyer for confirming that Cain is telling the truth.

(3) This, THIS, is what they are going to hit Cain with next? That he defended himself with the TRUTH?

What’s he supposed to do, just sit there and take it? Say “I’ve got a great defense, but I’m not allowed to tell you about it”?


44 posted on 11/01/2011 12:15:06 PM PDT by Brookhaven
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To: maggief

Cain very clearly stated that he was unaware of any settlement. He said, roughly, that he hoped they didn’t pay too much, because he didn’t do anything.

How could he be obligated to abide by a settlement that he is unaware of?


45 posted on 11/01/2011 12:15:12 PM PDT by ltc8k6
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To: basil
He fired her and gave her the usual 3 months severence pay!

Where did you get that information? The article says she's still working for the same group.......

46 posted on 11/01/2011 12:17:05 PM PDT by Hot Tabasco
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To: maggief

“I can tell you also that I don’t represent people who are trying to shake down employers.”

Hmmm ...

http://www.amazon.com/Winning-Attorneys-Fees-U-S-Government/dp/1588520250

Winning Attorneys’ Fees from the U.S. Government [Hardcover]

Joel P. Bennett (Author)

Book Description
Publication Date: December 11, 1984
This practical guide explains fee-shifting statutes and how to take full advantage of them. It offers specific guidance on recovering fees under the Equal Access to Justice Act, the Freedom of Information Act, the Civil Service Reform Act, Title VII of the Civil Rights Act, the Criminal Justice Act, the Clean Air Act, and the Clean Water Act, among other statutes. “Winning Attorneys’ Fees from the U.S. Government” covers eligibility requirements under the various acts, standards for recovery, roles of the administrative agencies, and computation of fees. The extensive appendices contain sample motions, affidavits, attorneys’ logs, and more. This book is updated as needed, generally two times each year.

http://employmentlawyer.biz/memo1.htm


47 posted on 11/01/2011 12:17:17 PM PDT by maggief
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To: maggief

yesh~! he should have kept his mouth shut and let us continue to INSINUATE that he sexually harassed this poor woman, who was only trying to bilk the system for a 6 figure payout.


48 posted on 11/01/2011 12:17:56 PM PDT by Mr. K (We need a TEA Party march on GOP headquarters ~!!)
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To: maggief
I have one primary suspect in this hoopla.

He talked about skeletons last week concerning Cain, and if any were found it might just be the end of that campaign.

He and Cain have exchanged words over the last few weeks about how each perceives the other.

One of them is vindictive and always has been.

The other is upsetting the GOP applecart of also-rans that gave us forgettable candidates like Dole, McCain, and H.W. Bush.

Romney probably made a deal last go-around to let Mac win, and he would be 'lady-in-waiting'.

The one person I am talking about wants Romney to win because of that deal.

That man is Karl Rove.

49 posted on 11/01/2011 12:22:24 PM PDT by Wizdum (Wisdom is what you gain when things go wrong.)
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To: SierraWasp
It wasn't a formal "settlement" but rather a simple "agreement."

Now where did you get that information? Do you have access to the actual settlement agreement or are you just making your own interpretations on what is said here and there and everywhere?

50 posted on 11/01/2011 12:23:28 PM PDT by Hot Tabasco
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