Legal Question in Business Law in New Jersey

Re: Non Disclosure Agreement

Chris:

Forum selection clauses are generally enforceable, so your non-disclosure agreement should provide that any litigation arising from the transaction must be brought in the venue you desire (presumably NJ). If your clients do business in NJ regularly, perhaps they can be convinced that such a provision would not be too onerous. If you'd like to discuss, please contact me: [email protected].

Re: Non Disclosure Agreement

There are a few ways to handle this, including different venues based upon who initiates the litigation, alternative dispute resolution (i.e. arbitration and mediation), among others. It is also important to keep in mind that injunctive or equitable relief are the most common types of litigation in NDA breaches, so it is possible to have the NDA contain broader venue provisions for these sorts of actions. For additional information, feel free to contact my office.

Re: Non Disclosure Agreement

First, this is a common problem and usually the stronger party can dictate the jurisdiction clause. One solution is to suggest an arbitration provision. You can even provide the location for the arbitration to be in a mutually inconvenient location (what about Chicago?) Another solution is to require the arbitration to take place by telephone or video conference. This will eliminate a location advantage.

I hope this helps!

Ron Cappuccio

http://www.BusinessEsq.com