Comments on: What is important in a confidentiality agreement or non-disclosure agreement (NDA)? http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/ Venture capital, seed financings, convertible note bridge debt, M&A, option vesting and other matters explained for founders and entrepreneurs Fri, 19 Mar 2010 08:24:58 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Justina Kelly http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-2965 Justina Kelly Wed, 03 Jun 2009 22:57:52 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-2965 Yokum,<br><br>I am a bit confused. Are you saying that you should NOT ask a potential Investor to sign a NDA because they are already bound to this anyway?<br><br>J. Kelly Yokum,

I am a bit confused. Are you saying that you should NOT ask a potential Investor to sign a NDA because they are already bound to this anyway?

J. Kelly

]]> By: Justina Kelly http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-2769 Justina Kelly Wed, 03 Jun 2009 16:57:52 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-2769 Yokum,<br><br>I am a bit confused. Are you saying that you should NOT ask a potential Investor to sign a NDA because they are already bound to this anyway?<br><br>J. Kelly Yokum,

I am a bit confused. Are you saying that you should NOT ask a potential Investor to sign a NDA because they are already bound to this anyway?

J. Kelly

]]> By: Yokum http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1362 Yokum Wed, 07 Jan 2009 05:05:01 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1362 I don't understand the question. I don't understand the question.

]]> By: ala y http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1351 ala y Tue, 06 Jan 2009 18:23:20 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1351 what is the articlas or the words or terms that make the NDA limited on commerical and trade purposs <br>without any politcal or unlegal information what is the articlas or the words or terms that make the NDA limited on commerical and trade purposs
without any politcal or unlegal information

]]> By: Christian http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1045 Christian Sat, 01 Nov 2008 21:00:05 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1045 Thanks again Yokum. I understand and your explanation helps. It's like the "Baby Syndrome" which one can compare their business idea. To you, your baby may look like the cutest baby in the world. But to others, it may not be the cutest baby. At the same time, better safe then sorry. I guess it comes down to feeling things out and if there is something that is too valuable to discuss, remove it from the business plan. Thanks again Yokum. I understand and your explanation helps. It’s like the “Baby Syndrome” which one can compare their business idea. To you, your baby may look like the cutest baby in the world. But to others, it may not be the cutest baby.

At the same time, better safe then sorry. I guess it comes down to feeling things out and if there is something that is too valuable to discuss, remove it from the business plan.

]]> By: Yokum http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1043 Yokum Sat, 01 Nov 2008 00:14:17 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1043 @Christian - If you're disclosing sensitive information to a party that could potentially use the information to their benefit (i.e. commercial relationship), then it would make sense to enter into an NDA. Of course, depending on the relative negotiating strength of the parties, the stronger company/receiver of confidential information may refuse to sign an NDA for an initial meeting (until they figure out that there is a benefit to them to the meeting). @Christian – If you’re disclosing sensitive information to a party that could potentially use the information to their benefit (i.e. commercial relationship), then it would make sense to enter into an NDA. Of course, depending on the relative negotiating strength of the parties, the stronger company/receiver of confidential information may refuse to sign an NDA for an initial meeting (until they figure out that there is a benefit to them to the meeting).

]]> By: Christian http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1042 Christian Fri, 31 Oct 2008 16:44:40 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1042 Thanks Yokum. So the best way would be to leave any sensitive IP information out of the document and probably just disclose it in person. So with the great explanation above, what is the purpose then of having one drafted and when is it best to use an NDA? Thanks Yokum. So the best way would be to leave any sensitive IP information out of the document and probably just disclose it in person.

So with the great explanation above, what is the purpose then of having one drafted and when is it best to use an NDA?

]]> By: Yokum http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1041 Yokum Fri, 31 Oct 2008 16:18:30 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1041 @Christian - Sorry, typo. (Edited to fix comment response above.) Asking a potential investor to sign an NDA is NOT standard operating procedure. @Christian – Sorry, typo. (Edited to fix comment response above.) Asking a potential investor to sign an NDA is NOT standard operating procedure.

]]> By: Christian http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1040 Christian Fri, 31 Oct 2008 15:28:03 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1040 Thanks Yokum for the response. My attorney (who is new) told me the same thing. But I believe banks and CPAs are also bound by the ethical duty of confidentiality. So you are saying that signing one is commonly done, but if you ask to have one signed, you look like an amateur? I just wanted to clarify this or even better, when should NDAs be requested? I know you wrote this great article about the types of NDAs, so there is definitely an appropriate time for requesting one. Thanks Yokum for the response. My attorney (who is new) told me the same thing. But I believe banks and CPAs are also bound by the ethical duty of confidentiality.

So you are saying that signing one is commonly done, but if you ask to have one signed, you look like an amateur? I just wanted to clarify this or even better, when should NDAs be requested?

I know you wrote this great article about the types of NDAs, so there is definitely an appropriate time for requesting one.

]]> By: Yokum http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/comment-page-1/#comment-1039 Yokum Fri, 31 Oct 2008 02:36:46 +0000 http://www.startupcompanylawyer.com/2008/04/27/what-is-important-in-a-confidentiality-agreement-or-non-disclosure-agreement-nda/#comment-1039 @Christian - asking potential investors to sign an NDA is NOT commonly done. A newbie entrepreneur that asks looks very amateurish to a seasoned investors. Attorneys don't sign NDA's as they are already covered by an ethical duty of confidentiality. @Christian – asking potential investors to sign an NDA is NOT commonly done. A newbie entrepreneur that asks looks very amateurish to a seasoned investors. Attorneys don’t sign NDA’s as they are already covered by an ethical duty of confidentiality.

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