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.
1 Attorney answer
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.