Upgrade your account to a Community Supporter account and remove most of the site ads.

Reply to thread

Message: <blockquote data-quote="Dannyalcatraz" data-source="post: 8702499" data-attributes="member: 19675">I don’t think it’s that cut and dried.  There’s lots of things that can void an NDA (and as stated, I don’t know them all).  Three spring to mind in this case:1) the NDA is drafted to cover information that is already known by parties not subject to the NDASince nuTSR is trying to have an NDA cover IP they do not own that is already owned by another company, the subject matter of the NDA is arguably “known” by parties outside the NDA.2) the NDA is drafted too broadly to be enforceable.While nuTSR may have produced material coverable by an NDA, using it to ALSO cover information about IP that isn’t theirs may not work.3) the NDA is drafted so that it doesn’t cover the necessary parties.This is the potentially hilarious one: sometimes people and business entities do business under a variety of legal identities.  If an NDA is written purporting to bind legal entities not actually relevant to the agreement, it’s void.  That can include being drafted so that it covers a “trade name” or other name that isn’t the entity’s legal name for the purposes of contractual agreements*, or even the wrong subsidiary.  Even a misspelling or leaving off something like “Ltd.” can trigger this.   How many legal entities besides himself does Justin Lanasa have involved in this?* Like if they had used “FedEx” before they had legally changed the company’s name from “Federal Express”.</blockquote>

Verification