The guy is reading perhaps 25 people a week--most of whom are not signing NDA's
But they are agreeing to the terms of service, which clearly label his service as entertainment. No cause of action there. Do you think the celebrity guests are under a different terms of service? If so, what evidence makes you think that?
Plus, this is just another straw man. You told us someone from the production -- who are under NDAs -- would spill the beans. There is, of course, the scenario in which the production crew goes to great lengths to make sure the celebrity guest is suitably fooled.
...the information comes out regardless.
Presumes that anyone associated with the production is as morally outraged as you are. Do magician's assistants freak out when they realize they are not actually being sawn in half?
I can disclose improper information gathering at my firm...
Probably not unless it's illegal. Again, the
legal definition of things applies when it involves release from a contract. You don't get to break an NDA just because your personal moral beliefs are offended.
...or my opinion of their business practices...
Only if you don't actually disclose what they are. If you say "I'm outraged by my company's business practices," you are legally okay, except that more and more companies are also requiring non-disparagement clauses. I don't tend to agree with that, but here we are. If you say, "My company does X, and I'm outraged by that," and X is not illegal, you may very well run afoul of a non-disclosure agreement.
An NDA isn't stopping anyone, and that's assuming the celebrities sign. That hasn't been established.
I asked you several times what your experience was in the field of film and television production. Since you didn't answer, I can reasonably assume that you didn't in order to avoid the dilemma between having to give a truthful answer that undermines your argument, and telling a lie that you rightly feared might be exposed. Hence the reasonable conclusion -- borne out by considerable evidence in this thread -- is that you don't have the faintest clue what happens on a television set.
No one sets foot on a television set without signing some form of NDA.
I have no idea there is a separate definition of fraud, and you say I "retreat" because I use a word as defined in a dictionary. Really, the level you go to to try and score a point.
The dictionary definition of fraud is not the legal definition. And the legal definition of fraud is the only one that matters in the context of determining the applicability of an NDA. As I pointed out, I gave a fairly thorough analysis of the legal aspects of fraud as they would apply to a mentalist's show. You didn't seem to have much to say about that, so I can assume you really don't care about the legal particulars. In any case, if you believe the dictionary definitions have legal effect, you're in for a rude awakening.
Once again you isolate and mis-state my arguments. First no one pays attention to an NDA if you are exposing something...
The NDA is intended precisely to prevent you from exposing whatever it says not to disclose. That's exactly what the D in NDA means.
Cite a documented example.
Henry's company isn't going to take anyone to court over an NDA because to do so would ruin Henry whether he is real or fake...
Enforcing an NDA is precisely intended to recover damages that arise from a secret being exposed. If someone goes public with what he has learned under NDA, and the other party suffers substantial damage because of it, they may sue for breach of NDA and recover suitable damage. The NDA creates a liability in exactly the situation you envision.
Third, the people who have readings are gushing afterword so the NDA is meaningless.
What about the ones who don't gush, and who are prevented by an NDA from disparagement? And you never see them?
Fourth, it is easy enough to leak information anonymously.
But not with effective credibility. If someone is not willing to associate his identity with the report, so as to authenticate the information, then Henry and his show can simply dismiss it as sour-grapes criticism and continue on as usual. As we have seen, the true believers won't care.
Further, it is not as easy as you think to leak confidential information. There are techniques, which I will not disclose, that allow me to trace the source of leaks in my company to the person who most likely leaked it. Those techniques are fully in place also in the entertainment industry.
Fifth, an NDA keeps you from disclosing trade secrets, not your displeasure with the reading or your revelation that he did something inappropriate without your permission.
A non-disclosure agreement prevents you from disclosing whatever you agreed not to disclose, and may also include non-disparagement agreements. Celebrities generally appear for a fee. That fee is consideration for binding the celebrity to conform to desired behavior. You are mind-bogglingly naive about how these things work.
I think it is evident in Henry's manner, behavior and effect on other people that he is not engaged in fraud. Whether he is effective, we can debate. That he is sincere, and well-intentioned of that there is no doubt. I believe it to be self-evident.
Begging the question, as usual. Not all fraudsters are the mustache-twirling straw men you demand.