California NDA for a NYC-based company?

[experal]

What is the name of your state (only U.S. law)? New York.

Hi,
Are NDA-related laws specific to one state? I found a California Mutual NDA template and I am wondering if I can change the "Governing Law" part to the state of New York.

Thanks,
experal

 

[Zigner]

What is the name of your state (only U.S. law)? New York.

Hi,
Are NDA-related laws specific to one state? I found a California Mutual NDA template and I am wondering if I can change the "Governing Law" part to the state of New York.

Thanks,
experal

Yes - they can be state specific.
I would suggest that you run your NDA by an attorney and not just try to wing it.

 

[experal]

Yes - they can be state specific.
I would suggest that you run your NDA by an attorney and not just try to wing it.

Thanks. Let's say I don't touch the template, can I use California as Governing Law even if my company is incorporated in Delaware and our offices are in New York?

 

[Zigner]

Thanks. Let's say I don't touch the template, can I use California as Governing Law even if my company is incorporated in Delaware and our offices are in New York?

Your attorney will be able to answer that question.

 

[justalayman]

Is your issue connected to California in any way other than you grabbed an NDA from the internet that was written for a California situation?


If you try to enforce an agreement written based on California laws in a state other than California you may find the state you are in cannot enforce some of the terms, especially if they are contrary to the laws of the state which the action is being undertaken.


And that is one reason you should run any contract you are considering by your hired attorney.