Home Q&A Forum Are non disclosure agreements enforceable?

Business

Nondisclosure Agreement

California

Asked on Oct 5, 2022

Are non disclosure agreements enforceable?

I keep getting asked to sign NDAs and I'm not sure how enforceable they are?

Answers from 2 Lawyers

Answer

Business

California

Answered 1336 days ago

So non-disclosure agreements will typically be enforceable for a reasonable time depending on the content of the information contained in the NDA. It will really depend on the specifics of the NDA and the information released to you. Most NDAs do allow you to discuss the matters with counsel so if you are concerned about any specific agreement it would probably be best to have them reviewed by an attorney.

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Answer

Business

California

Answered 1335 days ago

The short answer is yes, they are enforceable. The longer answer is the cost involved, the actual damages, and if they can be quantified. In most cases these agreements simply act as a disincentive to reveal the information protected.

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Should I use a one-way or mutual NDA?

I don't want our pricing to be known by competitors.

View Donya G.

4.9 (61)

Donya G.

Answered Mar 31, 2021

It will depend on the purpose of the NDA. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

Read 1 attorney answer>

Contracts

Nondisclosure Agreement

New York

Asked on Mar 30, 2021

Is pricing protected under an NDA?

I am in a negotiation with a vendor and they are trying to get us to sign a mutual NDA because they want to protect their pricing.

View Ramsey T.

4.9 (5)

Ramsey T.

Answered Mar 30, 2021

The answer depends upon how you define protected or confidential information under your NDA. Even if pricing is included as protected information, often pricing becomes "excluded" from the NDA protection because the "pricing" has been made public to other third parties. You are often better protected by having a pricing methodology and ensuring that such is protected under the NDA.

Read 1 attorney answer>

Employment

Nondisclosure Agreement

New York

Asked on Dec 2, 2024

Can you explain the enforceability of a Non-Disclosure Agreement (NDA) signed between two parties, specifically in the context of protecting trade secrets?

I recently started a new job at a technology company where I was required to sign a Non-Disclosure Agreement (NDA) to protect the company's trade secrets and confidential information. However, I have concerns about the enforceability of this agreement and the potential consequences if I were to accidentally disclose any information. I want to understand the legal implications and limitations of the NDA, including any loopholes or circumstances in which the agreement may not hold up in court.

4.9 (13)

Damien B.

Answered Dec 3, 2024

Hello! My name is Damien Bosco. My law office is in Long Island City, across from Manhattan. Under the Defend Trade Secrets Act (DTSA) and New York law, trade secrets are protected if the company has taken reasonable steps to keep the information confidential. Information that is publicly available or widely known cannot be protected by an NDA. If the NDA is too broad in scope, fails to specify what constitutes confidential information, or restricts lawful activities, courts may void or modify it. Carefully review the NDA to identify what is considered confidential and the obligations imposed on you. Or have an attorney review it for you who can provide a consultation on accidental disclosure, negligent disclosure, and intentional disclosure of trade secrets.

Read 1 attorney answer>

Business

Master Services Agreement

California

Asked on Mar 31, 2021

What are the baseline terms I need in my MSA?

I am working on putting together a larger agreement that can cover everything that I do. I am a Digital Marketing agency and there are a lot of services we provide - Google Ads, SEO, backlinking, content writing, etc. I want to know what should go in my MSA.

View Donya G.

4.9 (61)

Donya G.

Answered Mar 31, 2021

Some of the baseline terms will be 1) services offered 2) time of delivery of the services 3) amount to be paid for the services 4) the responsibilities of the parties 5) what happens if the parties do not agree. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

Read 1 attorney answer>

Business

Cease and Desist

California

Asked on Jul 28, 2021

Would like quote for a Cease and Desist letter

I independently do rescue animal work. A small nonprofit offered to help pay medical bills for my rescues. I learned that they have been posting my work as theirs instead of me. They sent me a text yesterday that they won't help me anymore yet I'm the person doing all the work. One of my rescues died and they are asking for donations on their social media platforms after his death yet they did nothing to contribute to his rescue. I asked them to remove their posts but they don't respond and are collecting donations on my work and rescues.

View Alen A.

5.0 (13)

Alen A.

Answered Oct 1, 2021

Hello, Based on the limited information, it would likely cost $750. This would include one telephone call, a letter, and one reasonable revision. Anything beyond that would be charged at the normal hourly rate of $200/hr.

Read 1 attorney answer>

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Are non disclosure agreements enforceable?

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Dolan W.

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