The National Law Journal Turns to Mark Konkel to Discuss Trump’s Cease and Desist Letter Against Steve Bannon

Partner Mark Konkel was quoted in the National Law Journal article ​“What Employment Lawyers Are Saying About Trump’s ​‘Cease and Desist’ Against Bannon,” discussing Trump’s attempt to silence former advisor Steve Bannon as a behind-the-scenes close-up of the Trump White House is set to be published. Although a common tactic in the business world, Mark believes it won’t fly in the government arena.

“It seems like Trump does view himself as the CEO of America Inc. and is attempting to use and enforce and gag Bannon the way a private employer would do,” said Mark. ​“Using these corporate instincts in a government context doesn’t make sense. There is a lot of bluster in this letter.”

Nondisclosure agreements or those that require ex-employees not to disparage their employers can give a company some flexibility in severance agreements. And while freedom of speech rights are limited in that context, the government generally cannot stop someone from speaking freely.

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