In every case I've heard of where someone was pressed for misrepresentation, it was for actively misleading the other party. Verbally agreeing to the NDA then

In every case I've heard of where someone was pressed for misrepresentation, it was for actively misleading the other party. Verbally agreeing to the NDA then not signing might count. Signing a fake name would obviously count. Editing a digital contract before signing might count, and not highlighting the edits in a "track changes" negotiation would probably count. If you returned the papers and said "these are all set" or something, I guess you might be at risk. But just... not signing a thing? If someone puts it in front of you without negotiating or asking for consent, then accepts it back unsigned? I've never heard of a lawsuit arguing anything even close to "I handed him a paper, so he should have spoken up to tell me he wasn't signing it", and I can't imagine it'd go anywhere. (On which note, every NDA I've seen has been explicitly brought up to ensure that I was ok with it. But I guess that's not universal?)