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When news of Jordyn Woods's appearance on Jada Pinkett Smith's Red Table Talk surfaced, there was immediate fascination, but there was also cause for pause. Reports of a non-disclosure agreement between Woods and the Kardashian family were circulating and suddenly, an illicit make-out session turned into something with legal ramifications. So, what can Woods say and what does she have to keep under wraps? According to multiple sources, it all depends.
Pinkett Smith explained that her intention was to "create a healing between Jordyn and Khloé" and "give Jordyn a platform to tell her story." However, Cosmopolitan reports that Woods's NDA keeps her from talking about the private, personal lives of the Kardashian family, which includes Khloé. The outlet reported that Woods could "find herself in some legal hot water if she spills too much." But, there are ways around it. Presumably, Woods could talk about Tristan and completely leave Kylie and Khloé out of it. Without the actual NDA, it's not easy to figure out where the lines are drawn.
Devin McRae, a Los Angeles-based lawyer that has dealt with secrecy provisions told The Wrap that NDAs can be challenged. However, most of the time, the involved parties would rather not weather the potential firestorm of negative press, like what happened with Harry Weinstein and Zelda Perkins. In Woods's case, if Kris Jenner and her legal team challenged anything that she said, it could be seen as vindictive or confrontational instead of secretive or as a way to protect the Kardashian family. For their part, the family hasn't issued any statements, though Cosmo does add that they're understandably "pissed" because Woods headed to Red Table Talk before apologizing to any of them.
PBS writes that "in practice, when somebody breaks a non-disclosure agreement, they face the threat of being sued and could be required to pay financial damages and related costs" and adds that "contracts act more as a scare tactic."
"There's not a lot of law figuring out whether they are enforceable because generally people don't breach these things and don’t want to risk the consequences of litigation," Alan Garfield, a law professor at Delaware Law School, explained.
Last fall, Governor Jerry Brown relaxed NDA laws in the state of California. In the wake of #MeToo, lawmakers looked to make sure that survivors could come forward without fear of legal repercussions.
"All of these sexual harassers, how do they stay in the workplace?" Nancy Erika Smith, a partner at New Jersey law firm Smith Mullin, told the Los Angeles Times. "NDAs, that's how."
Woods's case may not involve the new rules surrounding NDAs, but the precedent does show that they're constantly evolving. Kris Jenner may rule over her family with a perfectly manicured iron fist, but even she can't take on the entire judicial system by herself. So, while Woods's story could be light on details right now, there's no telling what she can or can't spill if NDA laws change.