Questions tagged [non-disclosure]
Non-disclosure agreements
122
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What happens when 2 parties enter into a MNDA while having independently developed the same intellectual property and 1 party discloses the IP to 2nd
Party A (A) and Party B (B) sign a MNDA (mutual non-disclosure agreement). A and B MAY have independently developed identical IP. Identical in this case means both instances of IP can be described ...
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1
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Help understanding the implications of Security Breach section of an NDA [closed]
The paragraph reads:
In the event of a Security Breach, Subcontractor will, without limiting any remedies available to COMPANY hereunder or at law or equity: (i) reimburse COMPANY for the costs ...
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1
answer
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Can a person who didn't disclose a pattern of abuse due to NDA be liable to later victims?
Steve Lehto raises an interesting question in a recent video here.
Suppose someone is abused, harassed, treated unfairly in a business deal, suffer from a defective product, etc. They seek recourse ...
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1
answer
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In which US states are hush money payments illegal?
I was just reading something from the New Yorker magazine which stated:
“Paying hush money is not a crime under New York state law,” Mark
Pomerantz, a lawyer who worked in the D.A.’s office, wrote, ...
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1
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How much incentives do Delaware Registered Agents have to keep coproration owners' identities condifential?
Say Bob wants to create Acme Inc. in Delaware and keep it secret from the public who the owner/director is. He contracts Alice to be his registered agent, and she signs an NDA.
Rob is desperate to ...
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NDA - binding if unknown partner is involved?
If a person has someone sign a generic (downloaded from the internet) NDA, where they said the subject of the NDA was theirs alone, but later discover a third party who was not mentioned is involved, ...
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1
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116
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Do California NDA obligations expire?
When a non-disclosure agreement (NDA) mentions:
The signer can't solicit employees for 1 year.
This solicitation restriction is extended if other parts of the NDA are breached
All NDA obligations ...
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1
answer
937
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Have email disclaimers been tested in court?
Every company these days has the standard confidentiality disclaimer at the bottom of their email signature. However, researching this online reveals that their effectiveness is somewhat dubious. My ...
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3
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242
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Duty to disclose to shareholder vs. confidential information
I was talking with friends about Apple switching from Intel CPUs to their own, and an interesting question popped up.
Since we're not privy to any of the details, this is purely speculative and out of ...
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NDA: No publicity, to keep a relationship confidential, legal terms clause?
I couldn't find an example of clause for an NDA to also keep the said NDA and the business relations secret/confidential.
I could get harm if the business relation is disclosed publicly or to other ...
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Can a document with a confidentially clause be submitted to a court even if it wasn't subpoenaed?
If two parties make a contract that contains a confidentiality clause, if one party breaches it can the other still enforce the contract in court?
For example a dispute arises between Party A and ...
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NDA: what can you do?
I wanted to know more about NDA contracts.
What can I do after signing them and what can't I do?
I never understood if I can work for other clients in the same industry or not?
Being a programmer, if ...
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1
answer
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Why is disclosing that you offer no warranties so prevalent in documents?
I was signing an NDA and noticed that there was a clause on the owner offering no warranty relating to the document. I never particularly understood this. It is often prevalent in copyleft licenses ...
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2
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147
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Do confidentiality agreements implicitly allow to discuss confidential information with coworkers?
How enforceable is the following confidentiality provision in an employment agreement:
All project and data information and related technological matters are
confidential information and shall remain ...
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1
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1
answer
81
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Details despite NDA for selling company (California)
This question says that it may be possible that an NDA can exist such that if someone were to sell their company, can they can have an NDA that prevents them from speaking about their company name, ...
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1
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NDA for selling company
Hypothetically, if someone were to say they sold their company, can they have an NDA that prevents them from speaking about their company name, the buying company's name, and details about what their ...
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5
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Could a contract prevent someone from talking to the authorities?
Would a contract (such as an NDA or non-disparagement agreement) be enforceable if it prevents a person from talking to the authorities such as:
the police
the labour board
starting a lawsuit
...
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3
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Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?
Larry the Leaker is high up in the US government, and has access to highly classified information/documents. He goes to John the Journalist, and tells him to publish all of it. Obviously, Larry has ...
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1
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Do NDAs apply to all future interactions between the two parties or just the next one?
A follow up to the question is an NDA binding for sex worker or escorts?
If someone hired an escort (or sex worker) and had her sign an NDA stating that she will not divulge their relationship, and ...
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1
vote
1
answer
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Did I sign a non-solicitation agreement? If so, how do I get out of it? [US, Massachusetts]
Exactly as I described: Wondering if the below contains a non-solicitation agreement or is it referring if any was signed in the past?
What are the terms here exactly?
You acknowledge your continuing ...
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2
answers
73
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What is "emergency relief" in the context of a Non Disclosure Agreement
I am a contractor (the "Advisor" in the contract) and one of my potential clients (the "Client") put a Non-Disclosure Agreement under my nosethat has the following clause (section ...
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5
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How would one comply with a court order to unpublish unlimitable information?
(If this has been asked, please deduplicate; I searched but couldn't find anything similar. Thanks!)
This is wholly hypothetical, I hope. Let's have two people, "Alice" and "Bob". ...
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2
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101
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Have a child but reduce the risk of child support [duplicate]
Lets say a Man and a Women agree to have a child. But the Man want's to make sure that before they have a child the man is granted full custody over the child and that the women can never file for ...
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Is an NDA binding for sex workers or escorts?
I have heard of some sex workers or escorts signing a non disclosure agreement with the person who is hiring them. Or their agency already has a policy in place. Since paying for sex isn't legal in ...
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1
answer
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Are non-disclosure contracts in effect after company closes down?
I signed an employment contract with my employer (in Canada) that included a non-disclosure agreement (I work in R&D). The agreement essentially stated that the information gained while I was ...
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0
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Can NDA-s be used to abuse the "Fruit of the poisonous tree" doctrine? [duplicate]
Could non-disclosure agreements prevent criminals from snitching on each other, or to prevent legally obtaining proof of illegal operations?
I have two similar scenarios in mind:
A group of bank ...
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1
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2
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209
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Does an NDA cover "non-compete" needs?
My business might be getting acquired and I was wondering if a standard Non-Disclosure Agreement (NDA) is enough to enforce "Non-Compete". In our NDA, "trade secrets" are mentioned,...
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3
votes
2
answers
387
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NDA without a defined maximum liability amount
I would like to ask if it is normal (standard situation) for an NDA to not define the maximum liability amount. Someone can hack my computer or data storage and I inadvertently access confidential ...
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2
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105
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Is this NDA valid? [closed]
I have a non-disclosure agreement that I signed to not disclose confidential information of the disclosing party.
“Confidential Information” shall include all information or material that
has or could ...
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1
answer
175
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May non-disclosure agreements between companies intrude on attorney-client privilege?
Is it enforceable to have non-disclosure agreements between companies intrude on attorney-client privilege?
If a company were to disclose something with an attorney that is under a confidentiality ...
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144
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How long is "5 years or such other period as permitted by law"?
I have to sign an NDA with a non-disparagement clause, which is defined to last for a period of five years or for such other period as permitted by law.
I've tried to find any laws limiting how long ...
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0
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1
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33
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Can you talk about freelance projects you're working on with people other than the client?
John Doe is working on a freelance writing project for Acme Inc. He has not signed an NDA. Can John talk to Jane Smith, who is not affiliated with Acme in any way, about the project?
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To follow through on a breach of NDA, do you have to publically confirm the information you don't want disclosed?
Basically, NDA's seem completely broken to me. The impetus for my question is: some woman accused Elon Musk of very inappropriate conduct, and alleged that they settled, with her being put under NDA. ...
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3
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Do NDAs limit disclosure of their own terms
I have always been interested in putting up a website where people upload NDAs. They would be properly redacted if applicable and reviewed.
I have worked in software for a long time, in many ...
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Is injunctive relief/money compensation guaranteed when a non-breaching party sues the breacher for violating any non-disclosure agreement?
If a Non-disclosure agreement is silent on whether injunctive relief or money compensation is agreed as a result of breach of agreement, are injunctive relief and money compensation still applicable ...
user38388
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2
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Does an NDA with an outside party override a privacy agreement?
If a privacy agreement on a web service states that it will not disclose your personal information to any outside party, can the information be disclosed to a third party under an NDA? The NDA would ...
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1
answer
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Removing the explicitly "mark as confidential" clauses from a MNDA
Can someone explain the ramifications in not having limitations on what is explicitly marked as confidential? For example, changing the first to the second:
“Confidential Information” refers to the ...
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2
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358
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Would sharing information with a party that did not sign an NDA mean that information is no longer confidential?
I volunteered my time to help do research for a podcast that sought to help a family get answers about the death of a loved one. The original information was given to us by the family (police reports, ...
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1
answer
105
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Does the fact that a company stated they were a non profit corporation in an NDA when they are not allow for the contract to be voided?
In this particular NDA, the company lists its name and states "a non-profit corporation". In reality, they left off the LLC from the company name, and the company has never been designated ...
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1
answer
104
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First time signing a NDA, no exception for prior work [closed]
This is the first time I have to sign a NDA as I've always worked as a freelance developer, and I'm worried about this NDA applying to software and libraries I've written previously, since I will be ...
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3
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78
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Meaning of 'Nothing herein shall require the Owner to disclose any of its information' in an agreement document?
What is the meaning of the sentence from an agreement document?
Nothing herein shall require the Owner to disclose any of its information.
Does it mean 'nothing in the document shall require owner's ...
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2
answers
318
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NDA over a video call
Do I need to force participants in a remote video call to sign a paper NDA before the video call?
Or is it enough to mention in the video call something like this after recording the video call:
This ...
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Healthcare professional and non-disclosure agreements
I'm just curious if it's legal for a healthcare professional to sign non-disclosure agreements (NDAs) in order to hide certain things from their patient? And also, if the patient asks the healthcare ...
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Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud?
Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud? In the United States, is there some kind of law that protects people when they violate their NDA ...
user25884
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1
answer
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Can developer ask the idea creator/founder to sign an NDA? [closed]
I am in a very unusual spot and seeking some clarity from those who really know this stuff.
So I had an idea about a software product for about 2 years.
I hired multiple freelancers but failed to get ...
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1
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"Or otherwise" in Copyright Agreement
I have an agreement presented by an employer that has the following bullet point:
Employees are prohibited from using, exploiting, disseminating, or
reproducing any intellectual work, in any form or ...
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0
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132
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Can I breach a non-disclosure agreement if I share a story, but do not identify any of the parties involved?
Assume that any details in the story would not enable anyone outside the story to infer the identities of the parties involved.
The agreement is a standard NDA between me and a former employer that I ...
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0
answers
68
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Can an out-of-court settlement that includes an NDA prohibit disclosure of illegal activity? [duplicate]
Can this stipulation be legal and enforceable?
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2
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350
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Is a contract enforceable if one party can’t keep a copy?
Suppose parties A and B are signing a contract that incorporates by reference a confidential document belonging to A. Party B agrees to a non-disclosure agreement which disallows B from viewing or ...
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NDA seems wrong?
I've been asked to sign a non-disclosure agreement (NDA). I generally like to read things before I sign them, and the first real condition was this:
The restrictions herein provided shall not apply ...
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