Sam Nunberg
Alleged Facts:
Sam Nunberg began a relationship with Donald J. Trump on or about June 2011 through a company called Drake Ventures, Inc. Nunberg claims he “ghost wrote” many of Trump’s political tweets during the period Trump’s followers increased from 500,000+ to over 6,000,000, as well as provided political consulting.
On January 1, 2014, Nunberg claims he was employed as an “independent contractor at will for Trump 2012 PCA without a contract.” Mr. Trump planned to run for the U.S. Presidency in 2016.
In 2014, Nunberg claims he was offered the position of Campaign Manager, but declined. On January 1, 2015, Trump requested he sign a Confidentiality Agreement. Thereafter, Trump hired Corey Lewandowski as Campaign Manager, who Nunberg had issues with. Nunberg was ultimately terminated.
Nunberg was again retained pursuant to a “Consulting Agreement,” on or about April 15, 2015. Nunberg claims he was terminated again in July of 2015, at the result of Lewandowski influence upon Trump. Trump lawyer, David Cohen, sent Nunberg a letter memorializing the split and issues.
After termination, Nunberg switched his allegiance to Ted Cruz and announced same on March 28, 2016. He made statements against Trump’s Campaign generally.
On May 25, 2016, it was reported that Nunberg leaked information about a public fight between two Trump Campaign staffers, including Lewandowski. The Trump Campaign allegedly claimed this was “leaked information” and otherwise violated the NDA. On May 28, 2016, the Trump Campaign served a Statement of Claim, which was followed by an arbitration action seeking $10 million.
The subject NDA clearly was signed by Donald J. Trump, as “President” of Trump 2012 PCA. No such corporation is known to exist. Nunberg filed suit, pointing out this legal fiction, and all claims were “amicably resolved” shortly thereafter.
Non Disclosure Agreement / Non Disparage Agreement:
Trump’s team sought to have Nunberg enter into a NDA under a fictitious corporation. Exact resolution is unknown, but Nunberg made great points about the invalidity of the NDA.
Legal Issues:
No further information can be found.
DOWNLOADABLE DOCUMENTS
- Agreement with NDA Between Trump and Nunberg (1/1/15)
- Trump / Nunberg Consulting Agreement (4/14/15)
- Nunberg Email from Lawyer David Cohen (8/2/15)
- Trump Campaign’s Arbitration Petition (5/28/16)
- Politico Article (5/31/16)
- Trump Campaign’s Arbitration Amended Petition (7/11/16)
- Petition by Nunberg’s Lawyers (7/12/16) – Seeking to Stay Arbitration, claiming Trump attempting to bully him and Donald J. Trump for President, Inc had no agreement to arbitrate. Asserting “Trump 2012 PCA” is a non-existent business and thus any NDA in its name is also invalid and thus arbitration provision is without merit.
- Affidavit by Nunberg (7/12/16) – Claims the Trump Campaign retaliated for his “change in political opinion” and exercise of his First Amendment rights to use the “sword of private arbitration” to silence his ability to discuss an “argument on a public street” (Corey Lewandowski and a female Campaign staffer allegedly having an affair and argued in the public). Claims the Trump Campaign sought $10 million in arbitration.
- Affidavit about Trump 2012 PCA (7/12/16)
- Scathing Memo in Opposition to Arbitration (7/12/16)
- Ruling by Arbitrator (7/13/16)
- Trump Drops Arbitration (6/15/16)
- Trump’s Attempt to Justify Arbitration (7/28/16)
- Reply by Nunberg’s Lawyers (8/4/16)
- Nunberg Request for Stay of Arbitration (8/4/16
OTHER NDA BATTLES:
Enforcement Sought:
No Known Enforcement Sought:
Alva Johnson