Recent Answers to Nondisclosure Agreement Law Questions
Can you explain the enforceability of a Non-Disclosure Agreement (NDA) signed between two parties, specifically in the context of protecting trade secrets?
Employment
Nondisclosure Agreement
New York
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.
Damien B.
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.
Are non disclosure agreements enforceable?
Business
Nondisclosure Agreement
California
I keep getting asked to sign NDAs and I'm not sure how enforceable they are?
Michael M.
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.
Are non disclosure agreements enforceable?
Business
Nondisclosure Agreement
California
I keep getting asked to sign NDAs and I'm not sure how enforceable they are?
Christopher M.
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.
Should I use a one-way or mutual NDA?
Business
Nondisclosure Agreement
New Jersey
I don't want our pricing to be known by competitors.
Donya G.
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.
Is pricing protected under an NDA?
Contracts
Nondisclosure Agreement
New York
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.
Ramsey T.
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.
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