Legal Question in Business Law in New York

Non Disclosure Agreement Questions...

Two questions regarding NDAs.

1) My business is in New York, I have recieved a Mutual NDA from a comapany in California. At the bottom of the Mutual NDA it staes:

This Mutual Non-Disclosure Agreement shall be governed and construed under the laws of the State of California. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the California state and U.S. federal courts having within their jurisdiction the location of COMPANY NAME REMOVEDs principal place of business. Each party consents to the jurisdiction of such courts.

Is this Mutual NDA enforcable in New York as well or does it have to say specifically, Governed under New York?

2) Is a mutual NDA enforcable if it is signed and then Faxed, or does it have to printed and signed and then sent through US Mail?

Thankyou for your time and energy.

Best Regards,

Asked on 4/05/99, 7:56 pm

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

Re: Non Disclosure Agreement Questions...

We can enforce contracts written in California here in New York. We may have to apply California

law but that is no problem, and in fact probably desirable. New York is a far worse jurisdiction for employee rights.

Fax signatures are as good as the original. However, both parties have to have signed.

If you forward a copy of this document to us at

fax no. 212.682.3770 I will have a look at it and see if we can help you.

Harold M. Weiner

Coles & Weiner, P.C.


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Answered on 4/09/99, 9:53 am

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