Legal Question in Intellectual Property in Massachusetts

Hello...small business owner here.. . I signed an NDA with a company, my name to their company name. I've since created an LLC and would like the NDA to be between my company name and their company name but post dated to when I signed the original NDA. How do I proceed, specifically ??

Thank You !

John


Asked on 8/05/10, 4:49 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say the only way to proceed is to ask the company to amend your NDA. It is very unlikely they will agree, as this lets you off the hook personally for your NDA responsibilities. That said, they may amend the NDA to include you and your new LLC. They have nothing to loose and another party (your LLC) is on the hook. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/10/10, 5:00 pm


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