Never a dull moment in the Trump presidency. Over the last few days we have all heard about former porn star Stormy Daniels and her allegations against President Trump. Well Stormy whose real name is Stephanie Clifford is suing the President over their confidentiality agreement. The suit alleges that the non-disclosure agreement between the parties is invalid because the President did not sign it.

Clifford’s lawyer, Michael Avenatti posted a copy of the lawsuit to his twitter account last week. According to claims in the suit, Stormy believes that Trump “purposely did not sign the agreement so he could later, if he needed too, publicly disavow any knowledge of the agreement”. The agreement uses pseudonyms to identify each party. “David Dennison” is supposed to be the name for Trump and “Peggy Peterson” is to identify Daniels. There is also discrepancies about whom actually paid Daniels $130,000 for her silence and why. Daniels wants the contract voided so she can give details into her affair with Trump.

Non-disclosure or confidentiality agreements as they are popularly called create a confidential relationship between parties. While no two agreements are the same they normally all include some essential information such as 1. What the NDA deals with, 2. Any exclusions from the confidential information, 3. Obligations and duties of the party receiving the confidential information, 4. Time frames for when the NDA will be valid and enforceable, and  5. Any miscellaneous provisions that the party may agree on.

In Daniels instance I don’t see her winning this one as the other party can simple show a signed copy of the agreement. That alone would make it enforceable in the eyes of the law.