Business Contracts
Business Proposal
Texas
Can I include non-disclosure agreements in my business proposal to protect my intellectual property?
I am currently in the process of developing a business proposal for a potential partnership with another company. This partnership involves sharing sensitive information and intellectual property. I want to ensure that my ideas and intellectual property are protected, so I am considering including non-disclosure agreements in the business proposal. However, I am unsure if this is a common practice or if there are any legal considerations I should be aware of. I would like to seek professional advice on whether including non-disclosure agreements in my business proposal is recommended and if there are any specific clauses or language that should be included for maximum protection.
Answers from 1 Lawyer
Answer
Business Contracts
Texas
Darryl S.
ContractsCounsel verified
Yes - NDAs are a very common agreement during the business proposal and discussion phase of working together.
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People Also Asked
Business Contracts
Business Proposal
California
Can a competitor sue me for using a similar business proposal?
I am currently in the process of developing a business proposal for a new product in the tech industry, and I recently discovered that a competitor has a similar proposal in the market. I am concerned that if I proceed with my proposal, the competitor may sue me for intellectual property infringement or unfair competition. I would like to know if I am at risk of facing legal consequences for using a business proposal that is similar to a competitor's.
Dawn K.
As much as I hate to use the common phrase, "it depends" the best answer to your question is, "it depends." If you are including their proprietary methods or proprietary approaches in your own proposal, that are not merely industry standard (ex: specific financial modeling built for a type of project developed by your competitor) it could be a problem. If you are merely following the same template in your proposal that is industry standard, developed your own bidding template, or otherwise are using your own work and are not relying on your competitor's work for your proposal, you are probably just fine. There are statutes and rules in California surrounding unfair business practices and specific actions to prevent practices such as "theft of trade secrets." If your competitor is just upset or concerned because you are in the same industry and submitting proposals to requests from clients, as long as you are completely above board, you should be fine. There is danger if you are submitting unsolicited proposals to their clients with the intent to poach or interfere with their existing relationships. That kind of business practice could be actionable. Again, without knowing any specifics, this is general business education for bidding and proposals in California, not legal advice. If you're doing business ethically and they just don't like competition, well- that may just be a "them" problem.
Read 1 attorney answer>Business Contracts
Business Proposal
Massachusetts
Can I include a non-compete clause in my business proposal?
I am in the process of creating a business proposal for a potential client, and I am considering including a non-compete clause to protect my business interests. I have invested a significant amount of time, effort, and resources into developing unique strategies and techniques for this project, and I am concerned about the client potentially sharing or using these valuable insights with competitors. I want to know if it is legally permissible to include a non-compete clause in my business proposal and what considerations should be taken into account when drafting such a clause.
Charles D.
Not sure that the non-compete is the right agreement for this scenario. You might want to consider an NCND agreement. This is a Non-Circumvent Non-Disclosure Agreement. Without knowing more about the relationship between the parties, I would look first to this type of document.
Read 1 attorney answer>Business Contracts
Operating Agreement
Texas
Do I need to file my Operating Agreement in Texas?
I know I need one but does it go with State filing?
George O.
No, but you definitely need to have one, preferably reviewed and prepared by a lawyer; there are a lot of businesses that will give you templates, etc., but do not have the experience and knowledge that a lawyer brings to the table.
Read 1 attorney answer>Business Contracts
Asset Purchase Contract
Texas
Business has been sold
I sold my business in 9-2016 for $300,000 at 6% interest and received $4500 a month for payments then in January 2020 lowered the payments to $3000. How long until the note is paid off? Also the buyers now think they paid too much and want to change the amount, can they so that?
Donya G.
Hello, Everything will depend on what your contract states. If the agreement said they paid the amount they did, it would not matter if they now think otherwise but it depends on your agreement. Generally, any modifications and revisions to an agreement must be in writing and signed by the parties. This would also need to be in your agreement. How I can help - I can review your agreement and advise you on how to take next steps with the buyers. You can connect with me through the website or directly to my profile page at Donya Gordon Esq. Regards, Donya
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Construction Agreement
Texas
stuck in a bad contract
I got into a contract with a roofing company that wants to charge me 12 thousand dollars out of pocket on top of he !5 or so thousand that thge insurance is paying or the want 5,800 for breach of contract i need the roof but i cant afford that much debt or cash
Matthew S.
What is the basis for the additional $5K? In general, if you never consented to it in a contract, asking for more is a breach of contract and you can sue to enforce the contract at the original price or sue to recover the cost to complete the project with someone else.
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