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Non Defamation Agreement Template for United States

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Key Requirements PROMPT example:

Non Defamation Agreement

"I need a Non Defamation Agreement to protect my technology company's reputation following the departure of a senior executive in January 2025, with specific provisions about social media platforms and trade secrets."

Document background
The Non Defamation Agreement is a crucial legal instrument in the United States used to protect individuals and organizations from harmful false statements. This document is particularly relevant in situations involving employment terminations, business partnerships, or high-profile relationships where reputation protection is essential. The agreement defines specific prohibited communications while respecting constitutional free speech protections and varying state defamation laws. It typically includes remedies for violations and may be used alongside other confidentiality agreements.
Suggested Sections

1. Parties: Identification of all parties to the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including defamation, libel, and slander

4. Scope of Non-Defamation: Specific prohibited statements and communications, including both verbal and written forms

5. Duration: Time period for which the agreement remains in effect

6. Remedies: Consequences of breach and available legal remedies

Optional Sections

1. Confidentiality: Additional provisions about maintaining confidentiality of sensitive information

2. Social Media: Specific provisions regarding social media communications and online presence

3. Third Party Communications: Provisions regarding communications with external parties and media

4. Survival: Specifications of which obligations continue after agreement termination

Suggested Schedules

1. Schedule A - Prohibited Statements: Specific examples of prohibited defamatory statements

2. Schedule B - Communication Guidelines: Detailed guidelines for acceptable communications

3. Schedule C - Authorized Representatives: List of persons authorized to make public statements

4. Schedule D - Social Media Platforms: List of covered social media platforms and specific restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
























Industries

First Amendment Considerations: Constitutional protections for free speech, including limitations on speech restrictions and distinctions between public and private figures in defamation cases

State-Specific Defamation Laws: Individual state statutes governing defamation, including varying definitions of libel and slander, different statutes of limitations, and state-specific requirements for proving defamation claims

Federal Laws: Relevant federal legislation including the Communications Decency Act (Section 230), federal trade secrets laws, and considerations for interstate commerce implications

Common Law Principles: Fundamental legal principles including elements of defamation claims, truth as an absolute defense, distinction between opinion and fact, and various privilege doctrines

Contract Law: Basic contract law requirements including consideration, enforceability standards, unconscionability doctrine, and reasonableness of restrictions

Employment Law: Employment-related considerations including workplace speech rights, whistleblower protections, and public policy exceptions

Privacy Laws: Legal framework protecting individual privacy rights, including public disclosure of private facts and false light claims

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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