Questions tagged [non-disclosure]

Non-disclosure agreements

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18
votes
6answers
3k views

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 ...
14
votes
1answer
1k views

What is the value in adding an email confidentiality notice?

The company I work for adds a disclaimer on the bottom of each email. I was wondering if it had any value. I'll list part of it below: CONFIDENTIALITY NOTICE: This e-mail message is for the sole ...
7
votes
2answers
322 views

Can I disclose terms of a settlement when I don't accept it?

I've been involved in a Mass Tort lawsuit against a drug company for several years. Recently, a confidential settlement agreement was reached between the law firm representing me and the drug company. ...
6
votes
2answers
11k views

Are NDA's that include illegal activity legally binding?

With the recent outpouring of sexual assault allegations, I've been hearing the phrase "Non-disclosure agreement," thrown around quite frequently. Suppose a woman is sexually assaulted at work, and ...
4
votes
2answers
401 views

Is an excessive NDA legal?

My daughter is a college student and is applying for an internship. The small "socially conscious" company, which has about 5 or 10 employees, is asking her to sign an NDA that looks way over the top ...
4
votes
2answers
180 views

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 ...
3
votes
1answer
387 views

Can code logic be copyrighted?

Scenario: I work at company A and write some code for them which is something trivial but used in a product that is proprietary and hence the code is company property. Then I leave the company A and ...
3
votes
2answers
132 views

Can a party decide that something that wasn't initially considered confidential, now is?

If I have signed a confidentiality agreement with an employer or client, can they provide me with information that would generally be considered non-confidential but then change their mind and require ...
2
votes
3answers
362 views

Can a business ask emergency responders to sign an NDA before/after entering their facility?

The company I work for has some very intense trade secret and intellectual property in its HQ. If police, fire, medical were called and needed access to certain areas of the facility were this ...
2
votes
1answer
91 views

Why can't newspapers be held liable for publishing information given to them in violation of an NDA?

In the United States, information that is protected by non-disclosure agreements (NDAs) are more and more frequently appearing in newspapers and news publications. Why can't the news publication be ...
2
votes
2answers
232 views

Is it illegal to lie and say you're under an NDA?

Is lying about being under a non-disclosure agreement illegal? Imagine that A manages a bunch of gaming servers online, and B keeps bugging A for information that A does not want to disclose. If A ...
2
votes
1answer
47 views

Is it standard to have “subsequent employment” clause when signing a NDA/IAA for a freelance project? And is it enforceable in New York?

I am considering doing a freelance project but the prospective client want me to sign a IAA which has a clause that reads: "Subsequent Employment. In consideration of the Company's promises ...
2
votes
1answer
295 views

What happens to confidentiality agreements after company dissolves?

I worked as a consultant for a company that dissolved. I signed a confidentiality agreement that ended with "This Section shall survive termination of this Agreement." Out of curiosity am I ...
2
votes
1answer
92 views

What is the legality of an lawsuit filed against a foreign national in California

There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist ...
2
votes
1answer
76 views

What options are available to plaintiff if defendant breaks NDA and goes ahead with deal on their own?

I work on acquisitions/sales of companies. I showed ABC Co. ownership a potential acquisition (XYZ Co.) that they passed on. A few months later, ABC Co. themselves was for sale. ABC's private equity ...
2
votes
1answer
13k views

What does Per: Mean on an NDA?

I Have received an NDA I need to sign, it seems straight forward enough although there is one part i'm unsure of, on the last page there is the section where your witness signs, and you sign, but ...
2
votes
1answer
289 views

NDA and Applying for Unemployment

Is information required for an Unemployment application exempt from NDAs? I signed one when I was hired, agreeing not to discuss my employer (a celebrity, hence the NDA), employment, separation, etc. ...
2
votes
2answers
121 views

On what basis did the UK courts prevent the media from publishing stories on Philip Green's behaviour?

Allegations of various sorts of inappropriate behaviour were made by several employees of Philip Green. These claims were settled and the settlements included NDAs. There is no allegation that these ...
2
votes
1answer
65 views

NDA for Take Home Challenge

As a part of an interview process, I've been asked to solve a take home challenge. Before I can access the data, I've been asked to sign a NDA. The NDA is generic stuff which says everything belongs ...
2
votes
0answers
59 views

Can I use confidential information provided under an NDA for other work?

Let's say that ABC Inc provided me some confidential information (CI) for a potential contract that never went through. Now XYZ Inc has approached me and asked to work on this contract with them. ...
2
votes
0answers
78 views

Talking about a crime after a non-disclosure agreement [duplicate]

Let's say I have this scenario. I commited a crime. No one has caught me yet. Another person catches me. We agree to sign a non-disclosure agreement. That person ends up speaking out about my crime....
1
vote
2answers
255 views

An company want me to sign an NDA before I go to a job interview at their facilities

I have been invited to a face-to-face interview at a company. Before going, I am "obliged" to sign an NDA. This is the private sector and an entertainment company. Why on Earth would I go into such a ...
1
vote
3answers
191 views

Forced to sign NDA or no notice period [closed]

Context: I currently live in India and working remotely as a Software Engineer for a Dutch company since August 2018. I have got a residence permit for the Netherlands starting next month and was ...
1
vote
1answer
87 views

Claiming Stolen Information in an NDA

Set Up: A unilateral NDA is created in the state of Rhode Island between a Receiving Party and a Disclosing Party. This is a basic patent NDA that grants the Receiving Party the ability to see the un-...
1
vote
1answer
42 views

Is there a “standard template” NDA contract that covers a majority of businesses requiring protection of proprietary information?

The following paragraph stood out as unusual for an NDA that a friend was asked to sign: “Terms and Termination. This Agreement shall terminate two (2) year(s) after the Effective Date. The ...
1
vote
1answer
130 views

Does this section of my NDA state that my company could take legal action against me if I were compelled to testify against them?

My companies NDA has this line Individuals shall not, directly or indirectly, disseminate, make available, disclose, or use any reason other than performance of their job with the Company, any ...
1
vote
1answer
34 views

Assigning intellectual property rights like a provisional patent to oneself while employed

A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering. Let's say I have a roughly standard ...
1
vote
1answer
106 views

Can a NDA be non-terminable for an indefinite period of time?

I have been given a NDA which say it is "unilaterally non-terminable for an indefinite period of time". Is this legal? Can they enforce me to keep the NDA forever? They also said that "The ...
1
vote
1answer
78 views

Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK

A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours ...
1
vote
1answer
59 views

How to interpret this paragraph from an MNDA in context with Ohio law?

The following paragraph was included in a Mutual Non-Disclosure Agreement template between two technology companies. The Parties agree that the disclosing Party will suffer irreparable injury if ...
1
vote
1answer
135 views

Prevented from listing details of work experience both in private (resume, interviews) and public (linkedin, etc.) while trying to look for new job

When starting new employment for a company (Company A) based in India it had asked me to sign an NDA for a company (Company B) based in San Jose, USA. The NDA had addressed to me directly and not ...
1
vote
1answer
58 views

When are contracts (like NDAs) binding? [duplicate]

I have a Great Idea™ and I've found a trustworthy individual who can help me realize this. We're both private citizens in differing nations with no current employers. If I get them to sign an NDA, do ...
1
vote
1answer
122 views

Interpretation of this Purpose clause in an NDA

I'm a contractor and have come to familiarise myself with the standard wording that comes with most NDAs. I perform contract programming work for companies overseas and access their IP to perform my ...
1
vote
1answer
70 views

Are there examples of confidentiality clauses which still allow some public disclosures?

Speaking about typical IT contract - I'm looking for an inspiration on how to create a confidentiality clause that's not that strict. It should cover 2 points of view: contractor wants to have right ...
1
vote
1answer
58 views

Is it possible for a party to a contract to use a mutual NDA primarily to constrain the other party?

I am more regularly entering in meetings in which my group and others need to collaborate on technical details, while protecting our respective intellectual property. Typically we sign mutual non-...
1
vote
1answer
76 views

If US military found an extraterrestrial and didn't tell the president, is it legal to inform him?

Many years ago I watched a film where US military found an extraterrestrial biological entity (an "alien") and used it for experiments. The president denied that aliens exist, and later, during ...
1
vote
0answers
37 views

Minor in Disclosing Party of an NDA

In an NDA, the Disclosing Party made a clause that any and all ideas generated by the Disclosing Part and labelled confidential are the property of the Disclosing Property and cannot be released ...
1
vote
2answers
107 views

Non Disclosure Agreement

I was contacted by an employer by phone. He said that he had found my CV online and liked it very much. He told about his idea ( a software program) and said that he is setting up a team, though there ...
0
votes
3answers
103 views

Can a NDA define that, any information disclosed is incorrect and invalid?

Can a non-disclosure agreement specify that, after signing, any information disclosed or will be disclosed to any third party without permission is invalid, incorrect, and not factual, and this ...
0
votes
1answer
165 views

Australia: Can a NDA be broken to show evidence in court?

If a defendant says they have documents proving their case but will only show if a non-disclosure is signed and assuming the documents fail to vindicate the defendant, can I break the NDA and use ...
0
votes
1answer
149 views

Can an NDA be legally valid if there's agreement to not disclose real information?

Say two parties agree to an NDA, but the NDA has a special addendum that tells the other party that they cannot reveal real information about the first party (the provider) to anyone, including the ...
0
votes
1answer
76 views

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 ...
0
votes
1answer
40 views

“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 ...
0
votes
2answers
171 views

Source Code Copyright and NDA

Does NDA give away the copyright of the source code that an independent contractor created after signing the NDA? In those unilateral NDAs, there is a paragraph always says "All Confidential ...
0
votes
1answer
69 views

Are NDAs enforceable if they require violating copyright?

As NDAs and copyright violation usually do not go together, I'll provide some background: Suppose that a company, we'll call them Olio, created a smartwatch that uses publicly available computer code ...
0
votes
1answer
117 views

Question about NDA Term

I am currently reviewing our company's NDA templates and came across the following term: This Agreement shall remain effective for six (6) months from the Effective Date. All obligations of the ...
0
votes
1answer
327 views

Can I be sued for violating an NDA if I refund what I was paid?

I have a client who ordered art from me that they asked be private between us, due to it's embarrassing nature. The extent of the agreement was "Don't post this online" to which I said "Okay." My ...
0
votes
1answer
102 views

File a patent disclosure after paper publication

We were trying to file a patent, but unfortunately delayed the submission of the disclosure. Now the paper is accepted by the conference, not yet published. However, we uploaded the paper in advanced ...
0
votes
2answers
521 views

Trade secret and NDA not signed

I know a trade secret must be kept secret. It can be shared with a third party if the third party signs a legally binding NDA (non-disclosure agreement) before being told about the trade secret. ...
0
votes
2answers
170 views

Why is the FBI raiding the house of a whistleblower over leaked SAT questions?

How did this case trigger FBI involvement? Wouldn't that be a civil matter?