. >> rosemary arnold is a victim's right attorney. rosemary, would what herman cain said, would that violate a confidentiality agreement? >> what i heard him say would violate a nondisparaging close. whether or not it would violate a confidential agreement depends on the contract itself. from what i get, there was a nondisparaging clause in that settlement agreement. >> if he violated the settlement agreement, does that negate the entire agreement? would that allow the women to come forward and spim the beans so to speak? >> the answer is it might. there are to ways in my opinion to do it. a, you come out and speak and let him take you to court and say you violated it. and really what kind of judge will say under these circumstances that you shouldn't have spoken out and stuck up for yourself after he did? or you go to court on an emergency application and ask permission to speak out on your own behalf. >> if they don't do that and at the they were to violate the agreement, what could the potential penalty be? >> most of the time the p

. >> and rosemary arnold joins me. lawyer says is that the agreement has a clause prohibiting either side from making disparaging remarks and that he believes herman cain may have broken the agreement when he said this. let's play it. >> i do recall that her performance -- it had be told to me by her boss, was not up to par. >> so he's saying that this agreement was about her being a terrible worker. could that have broken a confidentiality agreement? >> it could have. but most agreements have a clause in them whereby if one person breaks it, the other person is then allowed to come and defend themselves. now, we don't know what this confidentiality agreement says because we haven't been privy to it. in most instances, though, if you go to court and you say, he breached it, now i need to defend myself, a court would probably allow it. >> let me go to the other side of the argument. if i'm the restaurant association, i'm going to fight this because there's a reason you put them in and you don't want to set a precedent,