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I wouldn't say that is "quite common". If you throw a bunch of unenforceable clauses into an NDA/non-compete/whatever, that increases the likelihood of the whol
by fastball 2y ago
I wouldn't say that is "quite common". If you throw a bunch of unenforceable clauses into an NDA/non-compete/whatever, that increases the likelihood of the whole thing being thrown out, which is not a can of worms most corporations want to open. So it is actually toeing a delicate balance most of the time, not a "let's throw everything we can into this legal agreement and see what sticks".
- tcbawo 2y ago> If you throw a bunch of unenforceable clauses into an NDA/non-compete/whatever, that increases the likelihood of the whole thing being thrown out I’m not sure that this is true. Any employment contract will have a partial invalidity/severability clause which will preserve the contract if individual clauses are unenforceable.
- hansvm 2y agoThe severability clause is itself on the table for being stricken, and it's much more likely to happen if too many of the wrong parts of the contract would otherwise invoke it.