Is pricing protected under an NDA?

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.

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.

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.

Hi - what does the contract say? We are looking for the choice of law clause. If the contract provides for NY choice of law then fantastic! You hire an attorney in New York, send them a demand letter and file in a New York State Court - on the day after the expiration date for your letter. Once you get your judgment in New York, you hire a collections attorney in Montana to go collect your judgement (if they won't pay up - its amazing how much they are willing to pay when you get a local lawyer to put a lien on their house!) If the choice of law clause says Montana - you can (i) be certain and hire a lawyer in Montana and follow the same process or (ii) be aggressive, hire and file in New York, just to ensure that they have to hire a New York lawyer to get the case dismissed. The second situation would be if you think they would rather settle with you than pay someone in New York to get the case dismissed. There is a lot of strategy to consider - but the most important thing in any of this is to be decisive and move forward with a lawyer quickly once you decide on a course of action. I've seen clients who had stronger cases lose in the end because the other side was aggressive in Court and had their lawyer on a retainer immediately and filed before my client could finish "considering her options."

You can submit your request as a bid on the contracts counsel platform. My firm with many artists and art galleries.