Herman Cain May be Breaking Confidentiality Agreement, Say Experts


"I can't answer that now because there are legal implications. If the restaurant association waives that -- I just found out about this today -- there are legal implications associated with that I am not totally familiar with yet," he told Fox's Brett Baier. "So, I can't give you a definitive answer on that until we consult with our attorneys and talk with some others."

Debra Katz, an attorney with Katz, Marshall & Banks, said it is "utterly fiction" that Herman Cain can not encourage the womens' release from the confidentiality agreement.

"Even if he is not a party or a signatory to the agreement he can speak to the National Restaurant Association and ask it to release the women," Katz said. "The Association acts through its officers and people who are its agents. He is no longer an employee there, but neither is she."

Douglas Mirell, an attorney with law firm Loeb & Loeb in Los Angeles, said it is "standard practice" that confidentiality agreements bind all parties involved. But he has seen one-sided agreements in his 31 years of practicing law, although those are "highly unusual."

Mirell said that even if Cain broke a confidentiality agreement, that does not necessarily give his accuser free license to speak to the media. Instead, it could lead to another lawsuit.

"Any breach simply gives rise to another lawsuit for breach of contract of the settlement agreement," he said.

He said sometimes settlement agreements contain "liquidated damages provisions," which pave the way for additional payment or forfeited compensation as a result of the previous agreement.

ABC News' Ariane DeVogue, Michael Falcone and Huma Khan contributed to this report.

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