An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
Setting an unrealistic duration or harsh restrictive terms, like an NDA that lasts a lifetime, can invalidate the agreement. Similarly, having an overly broad agreement that covers information that is not confidential can result in legal complications.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
Employee NDAs are generally legal in New York, but there are several limits and obligations employers should be aware of. The best practices below will make your non-disclosure agreement more immune from challenge in court.
20 CFR § 603.5 - What are the exceptions to the confidentiality requirement? (a) Public domain information. (b) UC appeals records. (c) Individual or employer. (d) Informed consent. (1) Agent—to one who acts for or in the place of an individual or an employer by the authority of that individual or employer if—
A lawyer can help you determine if your NDA can be challenged. Determine if your content is “public domain.” If the content your NDA covers is now known by the public, you may be able to make a case to nullify your NDA from any specific issuer.
To get out of an NDA, you have to be sure that it is legally binding. For example, you cannot be liable for an NDA that covers up illegal activity by the issuer. A lawyer can help you assess your risks and determine how you should move forward.
Creating legal risks: NDAs can create legal risks for both parties, particularly if the terms of the agreement are too broad or if the agreement is not properly enforced. If the NDA is breached or is found to be unenforceable, the parties may face legal liability and reputational damage.
A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.
A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.