5 Warning Signs of a Bad NonDisclosure Agreement
Вставка
- Опубліковано 6 вер 2024
- (8) This video describes how to spot a really bad NonDisclosure Agreement (NDA), before you sign. I’m going to quickly go through the BASICS of the NDA, and then identify five warning signs that you should check before bleeding your signature on the dotted line.
For a copy of the Morning After Pill Sample letter, email me at info@carrferrell.com.
#nda #nondisclosureagreement
Speak With an Attorney: call 650 - 812 - 3408 or email info@carrferrell.com.
To subscribe to our newsletter, send an email to johnferrellesq.news@carrferrell.com to contact us.
**************************
This Channel provides ideas and education for Entrepreneurs and other Creative Visionaries. Topics in these videos include intellectual property, patents, trademarks, copyrights, trade secrets, licensing, and general business practices.
John Ferrell is a founder and patent attorney at the Silicon Valley law firm of Carr & Ferrell. The author of two books and a growing UA-cam channel on Intellectual Property, John’s passion for creating and protecting intellectual property is reflected in his representation of many of the world’s most important companies and inventors - some 5,000 so far. Founded in 1992, Carr & Ferrell has filed more than 10,000 patent applications covering nearly every imaginable technology.
Representative clients have included: 3Com, A10 Networks, Analogix, Apple Computer, Ariat, ASG Technologies, Atmel, Autodesk, Bank of America, Broadcom, Cadence, Canon, Caterpillar, Charles Schwab, Cirrus Logic, Cisco Systems, CSX, Dreamworks, Elasticsearch, Epson, Facebook, FireEye, Fonality, Fujitsu, Hewlett Packard, Hitachi, Icon Aircraft, IDEO, Intuit, Intuitive Surgical, KLA-Tencor, Knowles, Kodak, Lam Research, Lockheed, LSI Logic, Lucent, Marvell Technology, Mitsumi, Netgear, Olivetti, Oracle, PeopleSoft, Polycom, Philips, Plantronics, Princess Cruise Lines, Proofpoint, Rambus, Raytheon, Ricoh, Rohm Semiconductor, Ruckus Wireless, SDL, Seagate, Sega, Seiko Systems, Silver Peak, Sonos, Sony, Sun Microsystems, Sutter Health, Swagelok, Synnex, Synthetic Genomics, Technogym, The Ferrero Group, Trend Micro, Urban Outfitters, VIA Technologies, vArmour, Veritas, VMware, Wells Fargo, Western Digital, and Xilinx.
Distinguished by his demonstrated technical and legal expertise, John has been noted in the Silicon Valley Business Journal list of Who's Who in Silicon Valley and Northern California's Super Lawyers. He was also listed by the Los Angeles Daily Journal as one of California's top Rainmakers, by San Jose Magazine as one of Silicon Valley's top Legal Eagles, and by San Francisco Magazine as one of Northern California's top lawyers. Additionally, under his leadership, the firm has been recognized by Corporate Counsel Magazine as a Go to Law Firm for Intellectual Property. John has received an AV® Peer Review Rating from Martindale-Hubbell® (a representation of the highest level of professional excellence). Over the past three decades, John has presented on and spoken about patent and intellectual property issues, both legal and technology business forums around the globe.
In addition to practicing law, John is an active technology investor and member of The Band of Angels, Silicon Valley's oldest seed fund organization.
Please note that this Channel provides general legal and business information for education purposes only and is not intended to provide legal advice or create an Attorney-Client relationship. John Ferrell is admitted to practice law in California, before the USPTO (U.S. Patent and Trademark Office), before various U.S. Federal District and Appeals Courts and before the Supreme Court of the United States.
***************************
If you wish to speak with an attorney about patents, call: 650 - 812 - 3408 or send an email to johnferrellesq.news@carrferrell.com.
John Ferrell, Esq.
jsferrell@carrferrell.com
Monopoly Architect, Patent Strategist, Attorney
Carr & Ferrell LLP
411 Borel Ave., Ste. 603
San Mateo, CA 94402
Speak With an Attorney: call 650 - 812 - 3408 or email info@carrferrell.com
Send an email to johnferrellesq.news@carrferrell.com to subscribe to our newsletter!
You did a fine job at breaking it down for the non-legal mind to grasp. Thank you so much for sharing. Your time and efforts are greatly appreciated!!
@robertb6810 Thank you so much for watching my video and leaving your comment. I am very grateful to have you here 😊 Please let me know if you have suggestions for other videos. Warm wishes for great success. -john
I think a white board explanation or graphic would help greatly to show just how big and all encompassing it can become. I’m looking to leave my company after 23 years and will negotiate and NDA when I leave….I may not be able to ever use them on my resume or discuss anything about my industry because it could end up causing a violation. I’ll get paid and move to the wilderness of Montana where no one can record me and misconstrue my words into something that breaches. Lawyers are tricky, get one that is on your side it is worth the money!
Great suggestion. Thank you for watching. -john
Thank you, this is so helpful, I had no idea they were so many factors to consider.
Thank you for the kind comment. I am so happy that you are finding these videos useful. I am curious what other types of videos you watch. Are there other entrepreneur topics I could address that you would be interested in watching? Warmest wishes, -john
How many takes did it take you for this video? I'm surprised you didn't burst out laughing with some of the examples :D
Thank you, Cyber S. This was one of my first videos - a year ago. It took enough takes that I am sure I was crying by the end of filming. It gets easier with each video, but YouTubing is humbling for the newbie. Thanks again for your kind words. 😊 -john
Thank you for this counsel. Great video.
What if an NDA is written as a mutual non-disclosure and starts with "Both of the undersigned parties..." but there is only one signature? And what if that signature is forged (as in a case I am following)?
If only one party agrees to a contract, then it’s not really a contract but rather just an offer. This is tricky because there can be agreement without a signature. If a signature was forged then the forged party never agreed and thus cannot be bound. Since contract law varies among different States, you should consult an attorney in your area as to enforceability. Good luck with this. I wish you well. -john
@@johnferrellesq. One funny thing about this particular NDA is that there is no mentioning of with whom the "employee" made the agreement with. No company name. No personal name. Nothing at all.
Very strange! Good luck with this. :-).
Thank you for taking the time to make this video.
My pleasure. Thank you for watching it. -john
Great advice! Thank you
Andrew, you are so welcome! Thank you for taking time to watch my video. -john
thanks for the very informative video
Thank you @COBAKO007! I'm glad you enjoyed it. Stay tuned! We have more interesting videos coming.
Hi, I am interviewing with a company in US for a contract software engineer position. They want me to sign an NDA but i have zero knowledge on them as they arent a thing where i live. So, the main issue for me is that there is no expiration date and signing something that goes on forever makes me anxious. But the job is a good opportunity for me and the company is founded 50 years ago and they have about 1000 workers and has kind of a brand name and recognition. How commmon are ndas with no expiration? Am I making it a big deal? Thanks
@senseme7627 Thank you for watching my video. Employment agreements are controlled by State law. What State do you live in? -john
@@johnferrellesq. I am not living in US not a US citizen. The company is in Illinois.
@senseme7627 if you would you like to email me the NDA at jsferrell@carrferrell.com, I will take a quick look at it for you at no charge. Warmest regards, -john
@@johnferrellesq. Thank you. Can sharing the NDA with you break the NDA? It says: Any confidential information obtained before the date of this agreement is included in the scope of this agreement
@@senseme7627 Since you haven't agreed to the NDA yet, the confidentiality requirements do not apply. Even after you sign the NDA you can always consult with an attorney to discuss the terms of the agreement and your rights regarding enforcement.
What happened to a handshakes and morals? Lawyers found loopholes to make a Buck. We need to coin it Stormy Syndrome, remember she owes Trump close to $600,000.00 😂😂😂
Wouldn't it be great if we could still make a reliable agreement by just shaking hands? -john
Thank You very much sir 🙏
Wishing you all the best. --john
Loved the sense of humor
@brachagenish7235 Thank you so much for watching my video and leaving your comment. I am very grateful to have you here 😊 -john
Thank you so much for your efforts and time to make this video it was very helpful, I just have some questions: what if an NDA of a company says that you'll pay it 20,000 USD if you leaked any information even after you've left the company, should I be concerned or is this normal?
Thank you for the kind comments; I am so happy that you are a follower.
With the preface that interpretation of employment NDAs are very State law dependent; these types of NDAs are generally construed narrowly by the courts and do not usually apply to information already known by the public or to information disclosed independently by a third party and not originating from you. If you would like to hire an attorney for a short consultation to discuss your particular case, please feel free to contact me at jsferrell@carrferrell.com, and I will try to connect you.
Thanks again for your comments. Warmest regards, -john
What if I signed a NDA with a company based in California but I decided to look elsewhere, can I also sign a NDA with the other company on the same month..??
Yes, a simple NDA does not prohibit you from sharing YOUR information with other companies. However, if you sign an NDA then anything you learn under the NDA must be kept private.
Of course, this assumes the NDA does not also stop you from shopping your idea around and that you have no other contracts or agreements preventing you from sharing your idea with others. Email me if you would like to hire one of our lawyers for a short consultation to discuss this.
Warmest wishes, -john jsferrell@carrferrell.com
I should sign an NDA to attend trainings for a company. Conditions aren't to strict exept for one that seems sketchy. Each Party under the Agreement shall not disclose the fact of this Agreement existence in any manner and by any means to any persons, without prior written consent of the other Party. Is it normal to have such conditions?
This is just a silly requirement from a lawyer who didn’t bother to think this through. The reason NDAs are included inside NDAs is to prevent word getting out that the two parties are talking to each other. This might be important in the merger of two companies, whose stock prices might be prejudiced by the conversation. Your employer wants you to sign an NDA so that you don’t take the training materials when you change jobs. Most employees have limits on what they can disclose, and nobody cares or would be surprised that you employer requires a training NDA. If the underlying NDA seems ok, the promise not to disclose the existence of the NDA should not cause you a lot of extra heartburn. Good luck with your training! -John
@@johnferrellesq. Thanks for answering years after video release. It was very helpful ❤️
@@ivan4ikok Our channel is still very active. Thank you for watching. Warmest wishes, -john
This dudes better than Saul Goodman 🎉😂
Thank you for your comment. I am so grateful to have you on my channel. Warmest wishes. 😊 -john
Is it legal for an NDA to prevent me from posting about about bad experiences on the job. For example: low pay, low hours, poor communication with managers etc. I was a freelance contractor on this job.
Yes. It is possible for an NDA to prevent you from posting about a horrible employer. Whether your NDA does this depends on the specific terms you agreed to. Best advice is that whether it's a bad boyfriend/girlfriend or a lousy employer, in most cases it's just better to move on and not let the suffering continue by dwelling on it. Warm wishes. -john
My company tried to get me with that one. Never!
Thanks Saul :D
Thank you for the kind comment. I am so happy that you are finding these videos useful. I am curious what other types of videos you watch. Are there other entrepreneur topics I could address that you would be interested in watching?
I'm scared as hell.
Thank you for watching. -john
Thanks @johnferrelesq. for providing a clear synopsis of what to look for and watch out for in NDAs.
Thank you for the kind comment. I am so happy that you are finding these videos useful. I am curious what other types of videos you watch. Are there other entrepreneur topics I could address that you would be interested in watching? -john