NDA Enforcability

[jimsconstruct]

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

Hello, I'm wondering whether or not under the circumstances an NDA would be valid.

I entered into an NDA where the discloser was an individual and the recipient was identified by the term "the contractor." I have no contractual relationship with the discloser other than the NDA and no entity or legal names other than that of the discloser (the discloser's legal name) were set out in the NDA agreement. Multiple individuals signed this very same agreement and were party to the same meeting. No minutes were taken. I did sign the NDA, however, never witnessed the discloser sign it prior to disclosing the confidential information covered by the agreement. The confidential information consisted only of a single oral presentation by the discloser. The discloser then left the room and instructed all of us bound by the NDA to discuss the confidential information amongst ourselves in his absence.

Under the circumstances, am I bound under the NDA not to disclose confidential information per VA law?

 

[quincy]

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

Hello, I'm wondering whether or not under the circumstances an NDA would be valid.

I entered into an NDA where the discloser was an individual and the recipient was identified by the term "the contractor." I have no contractual relationship with the discloser other than the NDA and no entity or legal names other than that of the discloser (the discloser's legal name) were set out in the NDA agreement. Multiple individuals signed this very same agreement and were party to the same meeting. No minutes were taken. I did sign the NDA, however, never witnessed the discloser sign it prior to disclosing the confidential information covered by the agreement. The confidential information consisted only of a single oral presentation by the discloser. The discloser then left the room and instructed all of us bound by the NDA to discuss the confidential information amongst ourselves in his absence.

Under the circumstances, am I bound under the NDA not to disclose confidential information per VA law?

If you signed a nondisclosure agreement, you are bound by the terms of the agreement.

 

[jimsconstruct]

If you signed a nondisclosure agreement, you are bound by the terms of the agreement.

Sounds like getting the NDA tossed on one of these technicalities should litigation arise would be up to the Judge then, correct?

 

[quincy]

Sounds like getting the NDA tossed on one of these technicalities should litigation arise would be up to the Judge then, correct?

If you breach the terms as agreed to in the contract, the remedies for the breach are as spelled out in the contract or, if the contract is challenged, as a court determines.