Legal Question in Intellectual Property in Michigan

I have been reviewing a possible business opportunity to purchase a distributorship territory for printed advertising products related to a sports industry. There are a number of things about the business model that I like, but some that I don't like, and some which I believe I could improve on.

I signed a very simple Non Disclosure Agreement with the company, which is located in Canada. I am in Michigan, USA.

Irrespective of any moral issues, how much legal weight does an NDA with a Canadian company have here in the US, and how much respect should I give it? Enforceability? I could email the NDA if review is desired.


Asked on 5/06/10, 11:59 pm

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

Most attorneys would ask if the business opportunity is registered under Michigan's business opportunity law. Since you are in Michigan, the Canadian company must comply with the registration requirement, which entails giving you a business opportunity disclosure. If they haven't done that, anything else connected, like an NDA, may be highly questionable. Consult with a competent attorney who knows this area of law. Reviewing what the NDA provides is also essential to any analysis.

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

Franchise Attorney

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Answered on 5/12/10, 1:00 pm


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