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Why Pete Davidson May Not Actually Be Able to Claim $1 Million for NDA Breaches

December 2, 2019Media Mention
Variety

The news that comedian Pete Davidson is demanding that fans sign a $1 million NDA to attend his comedy shows has received widespread ridicule and attention. But even if his groupies violate the rules of the agreement, the “Saturday Night Live” star might not legally be able to prove that they owe him such a large sum of amount.

“I personally haven’t seen one as high as $1 million in a long time,” says attorney-at-law Ricardo P. Cestero of Greenberg Glusker Fields Claman & Machtinger LLP, who practices in Los Angeles. He notes there have been a few exceptions. “I’ve seen $1 million in liquidated damages in NDAs for reality shows where the production company doesn’t want the results released before it airs.” For Davidson, a “$1 million provision will be hard to enforce,” Cestero added.

Cestero said comedians often use NDAs to keep their jokes from overexposure, and that it is entirely possible that Davidson is hyperaware of social media, hence the agreement.

“I expect he and every other comedian have been having people sign NDAs when they test out shows in front of live audience because they don’t want jokes to get out there,” Cestero said. “My guess is he’s extra sensitive to social media. All performers are in this day in age, they have to be. People are more concerned and more careful about it.”

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