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?


Asked on 3/25/09, 10:04 am

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

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

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Answered on 3/27/09, 11:06 am
David Anderson Anderson Business Law LLC

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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Answered on 3/25/09, 10:56 am


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