Legal Question in Intellectual Property in California

Re: Nda

It's great you're thinking about this question at the NDA stage because it brings up a point that will be important if your idea moves forward. Typically, you sue a defendant where they live or where the contract was to be performed. There are other issues that I will omit for brevity sake because the important point I want to make is that these types of issues can be subject to negotiation. If you have the negotiating power to do so, you may want to consider a contract provision indicating that venue (where you sue or get sued) will be in California and that California law will be applied. This makes it easier for you. This is something that is worth considering for many different types of contracts and so I loved your question because it brings up an issue with wide application. Best of luck finding a manufacturing partner for your concept!

Re: Nda

More likely than not it is better for your to use the california forms if you expect litigation. Ms. Cowin does point out that venue designation is a consideration for any type of NDA. You might also include a cost of litigation provision. However, california law is very complex and there may be an advantage to using colorado 'forms'. Unfortunately, I am not able to address that issue in dept because I a limited to a california practice.

Re: Nda

Use the one for your state so your state's law governs and all disputes are resolved in your state. But you should also make sure that the other state's law allows for this outcome.