Stormy Daniels’ lawyer — Michael Avenatti’s — continues to put his client at risk of a large judgment, and even worse, at risk for criminal charges, for either her or him. Two minutes of fame can be very expensive.
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Avenatti himself took key actions in the case. First, he chose to file the suit that disclosed confidential information publicly, rather than under seal, in his suit to set aside the non-disclosure confidentiality agreement. By doing so, Avenatti exposed his client to a $20M judgment.
Courts across the country have found this alone can be grounds for summary judgment. As one court noted: “The act that most troubled the trial court was Cross’s filing of the complaint not under seal in the present case. The trial court deemed it “an open, egregious and notorious breach of a material provision of the [confidentiality] agreement.” Avenatti could have tried to set aside the agreement without his client risking a massive judgment against her by simply filing his suit under seal; he chose not to. Did he advise his client filing the suit publicly could result in a $20M judgment against her?
Over the past week, Avenatti went further, apparently on behalf of his client, tweeting out an image of a video disc, claiming it contained evidence substantiating an affair, and labeling it a “warning shot” according to the press.