Legal Question in Technology Law in New Jersey
What can I do if a freelancer violated NDA law?
We(companyA) has a contract with a client(companyB) to deliver a certain amount of IT services. A freelancer was hired to do that job via UPwork platform. NDA agreement was signed between Company A and Company B, company A and freelancer.
Freelancer violated NDA agreement and passed details about our client(CompanyB) the way we do business with them etc to his current employer(Company C) which we didn't know anything about.
As appeared freelancer did the job during his regular business hours so Company C wants Company A(us) to pay them for that, on the basis they have intellectual property rights on all the work freelancer is doing from 9AM to 6PM? Company C also threatens CompanyA(us) to inform Company B(client) about the whole situation! Company C has an intention to get the Company B(client) as their future client.
What should we do?
1 Answer from Attorneys
Generally speaking, you have the option of suing the freelancer and begin to unravel the person's misdoings, however be mindful that it is an expensive proposition and unclear if the freelancer would have the means to pay any damages.
It seems that at this time the greater concern is from claims by Company C and that should be addressed ASAP by an attorney to avoid you making any damaging statements and prevent company C from continuing to make unreasonable and possible frivolous claims and demands.
Let's talk Monday morning
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
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