Legal Question in Intellectual Property in California

Non Disclosure Agreement

I had signed an NDA, left the company and I was told the state of California doesn't recognize an NDA's as binding. The NDA is from a company out of state.

Is the NDA in force?


Asked on 2/20/07, 5:17 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Non Disclosure Agreement

No attorney can attempt an answer to this question without reading the contract. Recommend you see an attorney in person.

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Answered on 2/20/07, 5:29 pm
Timothy J. Walton Internet Attorney

Re: Non Disclosure Agreement

I believe it to be a mis-statement of law that no NDA is ever binding in California. I would expect that anyone that told you that is not licensed to practice law in California.

Whether your NDA is in force depends upon what it says.

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Answered on 2/20/07, 5:35 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Non Disclosure Agreement

I believe you and/or your informal advisors are confusing Non Disclosure Agreements with Non Compete Agreements, the latter being generally unenforceable under California law.

As suggested by Mr. Stone, what you actually have, what is says, and whether it's enforceable, is a matter which would require significantly more facts, and a review of the agreement, for which you should expect to pay an attorney at least a couple of hundred dollars.

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Answered on 2/21/07, 1:28 am


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