Quote:
Originally Posted by Barry-xlovecam
NDA are more bluff than bite in most cases -- if the agreeing party breaches would you really sue him?
So, it depends on what is disclosed as well its value and the collectability of the other agreeing party.
A non-disclosure agreement Gotcha - Lexology
Not so easy to enforce sometimes either <wink> |
Barry is correct ... as usual.
It is difficult to prove the breach and directly connect it to the disclosing party.
Whatever you meant to keep private, most often becomes public record when you follow through with a lawsuit. Also determining a dollar amount for damages caused by the breach is also challenging.
Recognize the weaknesses in advance, should encourage people to draft more specific NDAs, and include mutually agreed to monetary damages, etc.