Legal Question in Intellectual Property in Michigan
Non Disclosure Agreements
I am writing on behalf of a web
development company that is being
asked to sign a non-disclosure
agreement. My question is if we sign
it and a potential client shares their
secret with us, but we have already
started developing what their secret
pertains to with another client, can
we be sued? Or is there some way
we could prove we were already
working with a different client on
that same thing?
2 Answers from Attorneys
Re: Non Disclosure Agreements
These agreements often provide less protection than they appear -- ordinarily there are clauses that except (i) materials already known by or divulged to people outside the owner's company, and (ii) data already known by the recipient. Further, it is common to require specific designation of confidential materials and the like. Broadly, the answer to your question depends upon the particular language of the proposed agreement; you should seek competent counsel to evaluate the agreement before signing.
Best wishes,
LDWG
Re: Non Disclosure Agreements
You really should have a Business Attorney experienced in IP + Internet issues review (and likely revise) the agreement.
Call or email for assistance.
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