8

A NDA can only cover confidential information, that is information that is not in the public sphere, and that was transmitted to the recipient in confidence, that is it is specifically identifiable information that the recipient knew or should have known from the circumstances of the communication was confidential. For example, "marketing techniques" are ...


7

The company is placing a condition on offering you an interview, namely that you agree in writing not to use or divulge any information you may learn during the interview process. Legally speaking, this is no different from insisting that you must pay your own expenses of attending; if you feel it is an unreasonable condition, you should decline the ...


7

Nobody forces you to go to the interview. Asking you to sign an NDA before entering their premises is totally legal and can be very reasonable. If you are hired to work on a new product, that competitors would love to hear about, an NDA for the interview would be expected. If you asked on workplace.stackexchange I’d recommend to apply elsewhere. Here I’ll ...


5

The validity of the NDA is not an easy question, but a related one is more clear. A lawyer in the U.S. in most states is not permitted to threaten criminal or administrative action (e.g. reporting someone to immigration or tax officials), to gain advantage in a civil case. You can unilaterally bring criminal charges or take administrative action, but it is ...


5

Algorithms can be patented, e.g., https://en.wikipedia.org/wiki/RSA_(cryptosystem)#Patent (and see, e.g., https://en.wikipedia.org/wiki/Software_patent for further discussion). Copyright is only for specific code. So if your Company A has copyrighted the code you wrote, but not patented the algorithms implemented by that code, then you can subsequently go ...


4

From the article: The FBI is investigating alleged computer intrusion and theft against an unidentified “victim corporation” involving “confidential or proprietary information,” including tests, test forms and internal emails, according to a search warrant issued in the case. The reference to "computer intrusion" is not precise, but may mean that they ...


4

Probably not. It appears that in the case in question, your lawyers, while they were representing you, agreed to a protective order that kept certain information including settlement offers made to them by the opposing parties' lawyers (even if those offers were rejected) confidential. You are bound by the agreements made by your lawyers if they are your ...


4

This is not an NDA (non-disclosure agreement), it is a non-compete agreement. An NDA would tell you that you cannot disclose anything you did or saw at your old employer's place. A non-compete agreement is what you have here, an agreement that limits your ability to get work. If what you say is correct, then your employer is not exactly the brightest. You ...


4

Yes The parties have agreed that the remedy for a breach will be transfer of assets gained as a result. This is not a penalty and seems perfectly valid.


3

This would not be terribly unusual and would probably be enforceable. An NDA's restrictions would almost always survive the term of the agreement and keeping what you promised not to disclose secret forever would be a pretty common default. If you inherit nuclear missile designs in an old trunk from your grandfather from when he worked for a defense ...


3

No contract can limit a court's jurisdiction An NDA is a contract: it cannot prevent the application of the judicial process. Should your dispute reach a courtroom, the NDA and the documents it seeks to protect are all admissible and you should subpoena them from the defendant and submit those copies to the court (that way you are not breaking the terms of ...


3

You have a contract - they have fulfilled their obligation (they paid you), if you do not fulfil their obligation (not to post it online) then you are in breach of the contract. Your obligation continues even if you gift the money back to them. If you breach the contract then they can sue you for the damage that they suffer. Presumably this would be damage ...


3

Depends on the specific terms in the NDA, but the short answer is that the News Services didn't sign the NDA, and have no contractual obligation to keep mum. Most NDA's I've signed or had others sign are very clear about the personal liability, and the conditions under which the proprietary intellectual property can be discussed. In the case of leaks, the ...


3

In the US, you have a 1 year grace period from the time of public disclosure to the deadline for filing the patent application. This can lead to a US patent, which can be used to sue anyone infringing the patent within the US. However, most foreign countries do not offer this grace period, and so the possibility of protection in these countries for the ...


3

I think that the question you are really asking is whether a contract not to disclose certain information (e.g. to authorities) might be void as contrary to public policy, or illegal. Sometimes it is illegal to do so. For example, often concealing personal information in connection to the transfer of funds constitutes money laundering, which is a crime, or ...


3

The requirement to make the code publicly available is binding on Olio, and on Olio's successor, Flex. Olio, by accepting the code under the GPL, had contracted with the original author of that code, one of the contract provisions being to make any modified code available publicly. If Olio fails to abide by that agreement, it is in violation of the license,...


2

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. Why do you think that? If I share confidential information (including trade secrets) with you in circumstances of confidentiality and you disclose it to a third party, I can sue for the tort of breach of ...


2

Regarding the question of whether someone can present a show as "real" while actually staging aspects of it: The "quiz show" scandals of the 1950s are probably as bad as it can get. They prompted Congress to pass laws (47 U.S.C. §509) making it a crime "to deceive the listening or viewing public" in something that purports to be a contest of knowledge, ...


2

The parenthesized part means that if you are being compelled by law to disclose some confidential information, you must promptly notify the company of that fact. They could they respond by trying to get you excluded as a witness, or to limit your testimony, but you don't have to care what they do once they've been notified that you were subpoenaed. It may ...


2

Yes, you can ask but if they don’t they can come in anyway. The law gives them the right to enter in certain circumstances. Notwithstanding, any government employee that disclosed confidential information that they got in the course of their employment could be sued and possibly prosecuted.


2

It means that the agreement lasts for 6 months under which confidential information (CI) provided must be kept secret for 3 years. So lets say you signed this agreement on January 1, 2018. Any CI materials provided between Jan-1 2018 to Jun-30 2018 must be kept confidential up until January 1, 2021 (3 years from the effective date). However if you received ...


2

A lawyer doesn't "legitimize" documents, it is no more or less an NDA because a lawyer looked at it than if one had not. I have created and signed many NDA's that I did not have reviewed by legal counsel. What a lawyer will do is to understand your situation, what you want to protect yourself against and review/modify the document to align the law and your ...


2

A court could order the breaching party to stop breaching and to pay an amount equal to the economic injury caused by the breach.


2

First, it is monumentally unfair (probably unconscionable) to require mediation before seeking injunctive relief. An injunction is sought and granted when there is ongoing and immediate harm by the act or omission that cannot be remedied by damages and requiring people to go through a mediation process is definitely unreasonable and probably unconscionable. ...


2

Normally, in British courts, once a trial has been conducted, only the evidence admitted at that trial (called the "record") may be considered on appeal. Additional evidence demonstrating that the factual findings of the judge at the trial were incorrect may not be considered in an appeal. More generally, credibility determinations made by trial judges in ...


2

It is not that easy. There is no such thing as an all-encompassing perfect contract, nor are there magical words. In fact, many contracts contain uses language such as the one you found (example: the "freedom" to reveal confidential information to authorities "if it comes down to it") or are in violation of legislation. The protocol you saw as to oral ...


2

The question says that the OP "asked" company A for confidentially. It does not say that the agreed to it. If they did not, the asker has no case, and they could publicly admit having used his idea and s/he still would have no case. If Company A agreed to confidentiality, and did so in writing (or if the agreement can be otherwise proved) then there might ...


2

Here is my interpretation of the facts. W (which includes you and some others) have an NDA with company A, which prohibits A from using any material information provided by W, for two years. A was then sold to B, and B used that information contrary to the NDA. Therefore: W can sue B for damages, because they breached the agreement. The obligation is not ...


2

how are these type of contractions solved in practice. The wording or language of the contract is decisive toward ascertaining whether it has been breached. That language is supposed to reflect the parties' intent at the time the contract was entered. It is only in the event of language confusion (provided that the doctrine of contra proferentem is ...


1

A non-disclosure agreement would be the customary way of protecting your idea. An idea for a way to improve a company's services is probably not something that can be protected by a copyright. Obtaining a patent for a business method is currently much more difficult than it used to be could also protect your idea. This said, enforcing a non-disclosure ...


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