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Couldn't you just put that in your signature along with a slew of other disclaimers? I've been told that NDAs are mostly just a scare tactic and often don't ha
by devmonk 16y ago
Couldn't you just put that in your signature along with a slew of other disclaimers?
I've been told that NDAs are mostly just a scare tactic and often don't have teeth in court, at least in-general, and in some U.S. states. I understand that contracts are important for business, and NDAs are an important tool in business, but I believe that NDAs leave a lot of leeway. Is that not accurate?
- dctoedt 16y ago> I've been told that NDAs are mostly just a scare tactic and often don't have teeth in court, at least in-general, and in some U.S. states Far from it -- NDAs can have big teeth. As just one example, consider Celeritas Technologies, Ltd. v. Rockwell Int’l Corp. [1]. The appeals court affirmed judgment on a jury verdict awarding Celeritas almost $58 million for breaching an NDA by using wireless-modem technology disclosed to it by Celeritas. (Disclosure: I was co-counsel at trial for Rockwell.) [1] http://openjurist.org/150/f3d/1354/celeritas-technologies-ltd-v-rockwell-international-corporation http://openjurist.org/150/f3d/1354/celeritas-technologies-lt...
- devmonk 16y agoGreat counterpoint example, however are there any stats on court decisions related to NDA agreements vs. other types of contract-related cases to show how often an NDA is useful enough in court to merit the attention they tend to get in business?