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Author Topic: What happens if an NDA is in limbo?  (Read 5612 times)
Xenland
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June 24, 2012, 02:39:31 AM
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Okay I doubt their are much lawyers in here but I'm sure their are people with experiences....

Suppose I sign an NDA and I send it to the other party but never receive a copy with their signature on it with a promise that I'll get a copy(soon lol).
From a legal stand point where is my obligation to abiding by an NDA at this moment in time?

I'm not asking because I'm an asshat and want to release information but I feel that the other party has some kind of "political"(probably not the best word to use) leverage over my actions and I say this because I was given information before I signed the NDA

What are you thoughts on this?
What are my rights?

(This was basically a general run of the mill NDA with the time frames changed as being the only alterations)
(I will take your reply as a comment and not any type of legal advice and you will not be held accountable for any of my actions for any advice or comments you present to me)
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Gareth Nelson
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June 24, 2012, 03:04:51 AM
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Okay I doubt their are much lawyers in here but I'm sure their are people with experiences....

Suppose I sign an NDA and I send it to the other party but never receive a copy with their signature on it with a promise that I'll get a copy(soon lol).
From a legal stand point where is my obligation to abiding by an NDA at this moment in time?

I'm not asking because I'm an asshat and want to release information but I feel that the other party has some kind of "political"(probably not the best word to use) leverage over my actions and I say this because I was given information before I signed the NDA

What are you thoughts on this?
What are my rights?

(This was basically a general run of the mill NDA with the time frames changed as being the only alterations)
(I will take your reply as a comment and not any type of legal advice and you will not be held accountable for any of my actions for any advice or comments you present to me)

I am not a lawyer, i'm just some guy and you should ask a lawyer (I know you say you'll just take it as a comment, but it's wise to always put that disclaimer anyway).

Does the NDA cover trade secret material which is hidden with some attempt to protect it? If so, you probably will be liable if you disclose and could be even without signing

OR

Is the NDA more like a contract than a memo of understanding? If so, they would need to sign it and deliver their end of the deal for it to be binding
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June 24, 2012, 03:17:49 AM
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You signed it indicating that you agreed to be bound by the terms of that agreement.  Not all NDAs need to be counter-signed, and most (not all) have time limits.  Hence, you might not get a signed copy back, but sounds like you should, and you should also have a copy of what you signed for your records.

Are there termination rights?  You could also write to them stating that failure to evidence a counter signed copy within 14 days voids the original - and if it's important, get a real lawyer to write that one for you.
Xenland
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June 24, 2012, 03:44:36 AM
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Thanks for pointing that out. The NDA had both my name and the owners name of the company with one line above each name(the area for signatures)
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July 16, 2012, 11:09:11 PM
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You signed it indicating that you agreed to be bound by the terms of that agreement.  Not all NDAs need to be counter-signed, and most (not all) have time limits.  Hence, you might not get a signed copy back, but sounds like you should, and you should also have a copy of what you signed for your records.

Are there termination rights?  You could also write to them stating that failure to evidence a counter signed copy within 14 days voids the original - and if it's important, get a real lawyer to write that one for you.

+1.

A complete answer would require reading and interpreting the actual document; but this is a good starting point.
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