Legal Question in Business Law in California

i am subpoena for companies that I have an NDA with. A section in the nda states that I can disclose under requirement by the law, but must inform the company and give them the ability to exhaust all legal remedies to keep information confidential. Should I contact the companies on our NDA, and how much time should they get to exhaust legal remedies?


Asked on 7/21/15, 9:17 am

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

I assume you are referring to a nondisclosure agreement. The NDA probably tells you specifically what needs to be done, but I would send a full copy of the subpoena to each of the affected companies and tell them: (1) they should consult their own legal counsel to determine if they have any rights to object to the subpoena; and (2) that you intend to comply with the subpoena unless a judge issues an order "quashing" the subpoena or limiting the scope of the subpoena.

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Answered on 7/21/15, 9:29 am
Robert F. Cohen Law Office of Robert F. Cohen

In addition to what Mr. Starrett has written, if you had an attorney involved in the drafting of the agreement that includes the NDA, I suggest that you speak with that attorney. It is possible that disclosure might have negative repercussions for you, too. You must have someone on your side to make sure that you are protected.

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Answered on 7/21/15, 9:38 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Starrett's advice is good; I'd add that this may be a situation where you'll need personal representation by an experienced lawyer. As far as timing, I think the suggested steps should be taken, or at least initiated, before your court date.

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Answered on 7/21/15, 9:38 am
Edward Hoffman Law Offices of Edward A. Hoffman

Based on what you've said, I think you should notify the other companies right away. The subpoena probably doesn't give you a lot of time before you'll have to testify and/or turn over documents. The longer you wait, the harder it will be for the companies to protect themselves. If they believe you dragged your feet, they could claim you breached your contract and sue you.

If you'd like to discuss your obligations in more detail, please feel free to contact me directly.

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Answered on 7/21/15, 11:06 am


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