

An anti-NDA email might come in handy - dctoedt
http://www.ontechnologylaw.com/2010/09/an-anti-nda-email-might-come-in-handy/

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devmonk
Couldn't you just put that in your signature along with a slew of other
disclaimers?

I've been told that NDAs are mostly just a scare tactic and often don't have
teeth in court, at least in-general, and in some U.S. states. I understand
that contracts are important for business, and NDAs are an important tool in
business, but I believe that NDAs leave a lot of leeway. Is that not accurate?

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dctoedt
> I've been told that NDAs are mostly just a scare tactic and often don't have
> teeth in court, at least in-general, and in some U.S. states

Far from it -- NDAs can have _big_ teeth. As just one example, consider
_Celeritas Technologies, Ltd. v. Rockwell Int’l Corp._ [1]. The appeals court
affirmed judgment on a jury verdict awarding Celeritas almost $58 million for
breaching an NDA by using wireless-modem technology disclosed to it by
Celeritas. (Disclosure: I was co-counsel at trial for Rockwell.)

[1] [http://openjurist.org/150/f3d/1354/celeritas-technologies-
lt...](http://openjurist.org/150/f3d/1354/celeritas-technologies-ltd-v-
rockwell-international-corporation)

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devmonk
Great counterpoint example, however are there any stats on court decisions
related to NDA agreements vs. other types of contract-related cases to show
how often an NDA is useful enough in court to merit the attention they tend to
get in business?

