4 ms·

We didn't bring an NDA to a meeting with potential partners a few years back. We found out a few months later after not hearing back from them that they were d

by fjabre 17y ago

We didn't bring an NDA to a meeting with potential partners a few years back. We found out a few months later after not hearing back from them that they were developing a competitive product. It didn't work out for them as it turns out so everything turned out alright for us but we definitely bring NDAs to the table now.

gte910h 17y ago
NDA's don't help you there....they can still compete with you usually if all they signed is an NDA. You have to have a non-compete to get them to not compete....and no way I'm signing that without a HUGE additional payment for the NC.
middus 17y ago
NDA != non-compete or am I missing something?
- fjabre 17y ago
  We have basic non-compete language in our NDAs. After some thought I guess it's all about who has more money. If you're dealing with Intel or MSFT then I'm not sure how effective one of our NDAs would be. Still some level of protection might be better than 0.
  - tptacek 17y ago
    Do established companies ever sign your noncompete NDAs? (One reason we read them carefully is because people occasionally sneak noncompete language into them).
    - fjabre 17y ago
      Yes but they are smaller companies, between 5-20 million annual revenue, and none of them made competitive products. We're a software company, they were device manufacturers. I doubt we'd ever get a fortune 500 company to sign one of our NDAs though. Companies the size of Intel for example feel they have a right to everything in the tech domain even if they don't have competing product lines and they're the type to sue just to intimidate. -----
  - deleted 17y ago
    [deleted]
  - NateLawson 17y ago
    I will not sign your non-compete NDA. They are two separate things. An NDA is required to protect info from disclosure, even if we never use it (i.e. work together). A non-compete means our areas of business are too close and perhaps we should not be exchanging confidential information in the first place. However, an NDA with language that states you will not use confidential info except for the benefit of the person you received it from is perfectly reasonable.

by fjabre 17y ago

gte910h 17y ago

NDA's don't help you there....they can still compete with you usually if all they signed is an NDA. You have to have a non-compete to get them to not compete....and no way I'm signing that without a HUGE additional payment for the NC.

middus 17y ago

NDA != non-compete or am I missing something?

fjabre 17y ago
We have basic non-compete language in our NDAs. After some thought I guess it's all about who has more money. If you're dealing with Intel or MSFT then I'm not sure how effective one of our NDAs would be. Still some level of protection might be better than 0.
- tptacek 17y ago
  Do established companies ever sign your noncompete NDAs? (One reason we read them carefully is because people occasionally sneak noncompete language into them).
  - fjabre 17y ago
    Yes but they are smaller companies, between 5-20 million annual revenue, and none of them made competitive products. We're a software company, they were device manufacturers. I doubt we'd ever get a fortune 500 company to sign one of our NDAs though. Companies the size of Intel for example feel they have a right to everything in the tech domain even if they don't have competing product lines and they're the type to sue just to intimidate. -----
- deleted 17y ago
  [deleted]
- NateLawson 17y ago
  I will not sign your non-compete NDA. They are two separate things. An NDA is required to protect info from disclosure, even if we never use it (i.e. work together). A non-compete means our areas of business are too close and perhaps we should not be exchanging confidential information in the first place. However, an NDA with language that states you will not use confidential info except for the benefit of the person you received it from is perfectly reasonable.