Now tell me about NDA... - GoFuckYourself.com

Sid70 · 10-08-2013, 05:33 AM

I just wanna hear how many of you who have inhouse or remote employees ask them to sign the NDA?

Have you ever had a case of enforcing one?

Spudstr · 10-08-2013, 06:07 AM

Inhouse? All the time, partners agents/everyone we do business with and even sometimes customers.

Basically it comes down to this, they will not disclose your trade secrets or anything about your company or what you talk about/work on without consent.

Working with a outside party? absolutely. this party outside of the USA? gooooood luck enforcing that NDA.

Herb Kornfield · 10-08-2013, 06:14 AM

Inhouse: Everyone is under NDA as a condition of hire. If you are salaried, hourly or 1099. You get an NDA to sign.

Customers - All have a Mutual NDA with the firm. This way both sides are protected as in our biz talks.

NDA's are a must. I have had to enforce them several times when people left the firm and attempted to violate the NDA terms.

Barry-xlovecam · 10-08-2013, 06:25 AM

That's funny

See: Yellow Dog Contract (California Statute)

That being said, where there are courts and laws in this world: Employers retain right to all proprietary knowledge used by employees, contractors or other persons consulting use to pursue their work -- use of that knowledge directly is a civil tort (unlawful act) e.g.; using the company's secret information for personal profit.

NDA's are properly used by vendors like software companies or the like or are agreed to by potential investors in your company or persons making purchase offers of investment in your company (capital stock, venture capitalists, etc).

Markul · 10-08-2013, 07:11 AM

Not really. NDA's are kinda useless in the real world.

k0nr4d · 10-08-2013, 07:40 AM

We've had to sign them from time to time but 9 out of 10 times the project is something that we've done a thousand times over to begin with . "a tube, but with photo galleries too"...

96ukssob · 10-08-2013, 07:44 AM

yes, we make in-house employees sign one. rarely use contractors, but if we do, we make them sign one too.

its more a threat than anything, but have had to seek legal action against someone in the past. they easily folded, so guess it holds up more than I thought.

I actually got sued under a non-compete, but was to general and tossed out of court

Wizzo · 10-08-2013, 07:49 AM

Quote:

Originally Posted by Markul

Not really. NDA's are kinda useless in the real world.

^^This...

Minte · 10-08-2013, 08:02 AM

They are basically the foundation of a case. A few years back we had an employee in a big position that decided to start his own business, while still taking a paycheck from us.

He was under contract, but after interrogatories,depositions, expert witnesses..and the big one. Determining real damages. We did take him to court. The entire process took 4 years. We did win a 7 figure settlement and put him in bankruptcy. Without the NDA our case would've been much more difficult to win.

Relentless · 10-08-2013, 08:14 AM

If you ever want to enforce it make it as narrow as possible. Be specific about what they can't disclose or where and when they can't compete. Saying they can't use any information ever anywhere for any purpose doesn't help you at all. Where most companies go wrong is on thinking broader is better.

Sid70 · 10-08-2013, 08:48 AM

I'm being asked to sign it. In more then 12 years it's the 1st time basically.

What would be the best fit for a designer? Any good samples?

Sid70 · 10-08-2013, 08:59 AM

One company response to my question was like:

We never sign NDA?s.

Why? Because chances are the perspective client is trying to protect an idea that is not truly unique, one that we have seen before, one that may already exist, and one with functions/ideas that they have copied from someone else.

So let me get this right?. you want me to sign a one-sided contract that limits my business opportunities just to gather information to provide you with one of many quotes that your are soliciting for an idea that was inspired by someone/something else?

I think not.

k0nr4d · 10-08-2013, 11:09 AM

You are confusing a non-disclosure agreement with a non-compete agreement. I've had people ask me to sign non-compete agreements on $300 projects before... I'll limit what we can do for $300k, not for $300.

_Richard_ · 10-08-2013, 11:21 AM

the best, is when one company asks you to sign a NDA, then asks you for all 'your old affiliates'

Sid70 · 10-08-2013, 11:26 AM

Quote:

Originally Posted by k0nr4d

You are confusing a non-disclosure agreement with a non-compete agreement.

I'm not.

I'm asked to sign NDA.

Sid70 · 10-08-2013, 11:27 AM

Quote:

Originally Posted by _Richard_

the best, is when one company asks you to sign a NDA, then asks you for all 'your old affiliates'

Yeah, that would be 'awesome'.

10-08-2013, 05:33 AM	#1
Sid70 Downshifter Industry Role: Join Date: Dec 2002 Location: Road trip Posts: 16,413	Now tell me about NDA... I just wanna hear how many of you who have inhouse or remote employees ask them to sign the NDA? Have you ever had a case of enforcing one? __________________ Русня, идите нахуй!

10-08-2013, 06:07 AM	#2
Spudstr Confirmed User Industry Role: Join Date: Jan 2003 Location: In a Tater Patch Posts: 2,321	Inhouse? All the time, partners agents/everyone we do business with and even sometimes customers. Basically it comes down to this, they will not disclose your trade secrets or anything about your company or what you talk about/work on without consent. Working with a outside party? absolutely. this party outside of the USA? gooooood luck enforcing that NDA. __________________ Managed Hosting - Colocation - Network Services Yellow Fiber Networks icq: 19876563

10-08-2013, 06:25 AM	#4
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	That's funny See: Yellow Dog Contract (California Statute) That being said, where there are courts and laws in this world: Employers retain right to all proprietary knowledge used by employees, contractors or other persons consulting use to pursue their work -- use of that knowledge directly is a civil tort (unlawful act) e.g.; using the company's secret information for personal profit. NDA's are properly used by vendors like software companies or the like or are agreed to by potential investors in your company or persons making purchase offers of investment in your company (capital stock, venture capitalists, etc).

10-08-2013, 07:40 AM	#6
k0nr4d Confirmed User Industry Role: Join Date: Aug 2006 Location: Poland Posts: 9,229	We've had to sign them from time to time but 9 out of 10 times the project is something that we've done a thousand times over to begin with . "a tube, but with photo galleries too"... __________________ Mechanical Bunny Media Mechbunny Tube Script \| Mechbunny Webcam Aggregator Script \| Custom Web Development

10-08-2013, 07:44 AM	#7
96ukssob So Fucking Banananananas Industry Role: Join Date: Mar 2003 Location: If I was in your ass you'd know it Posts: 12,991	yes, we make in-house employees sign one. rarely use contractors, but if we do, we make them sign one too. its more a threat than anything, but have had to seek legal action against someone in the past. they easily folded, so guess it holds up more than I thought. I actually got sued under a non-compete, but was to general and tossed out of court __________________ Email: Clicky on Me

10-08-2013, 06:14 AM	#3
Herb Kornfield Is on the 1 Industry Role: Join Date: Sep 2002 Location: Philly Burbs Posts: 4,996	Inhouse: Everyone is under NDA as a condition of hire. If you are salaried, hourly or 1099. You get an NDA to sign. Customers - All have a Mutual NDA with the firm. This way both sides are protected as in our biz talks. NDA's are a must. I have had to enforce them several times when people left the firm and attempted to violate the NDA terms.

10-08-2013, 07:11 AM	#5
Markul Likes Pie Industry Role: Join Date: Dec 2007 Location: The land that liberated porn Posts: 12,401	Not really. NDA's are kinda useless in the real world.

10-08-2013, 08:02 AM	#9
Minte Babemeister Industry Role: Join Date: Jun 2001 Location: Madison Posts: 7,081	They are basically the foundation of a case. A few years back we had an employee in a big position that decided to start his own business, while still taking a paycheck from us. He was under contract, but after interrogatories,depositions, expert witnesses..and the big one. Determining real damages. We did take him to court. The entire process took 4 years. We did win a 7 figure settlement and put him in bankruptcy. Without the NDA our case would've been much more difficult to win. __________________ You might not be as anonymous as you think you are.

10-08-2013, 08:14 AM	#10
Relentless www.EngineFood.com Industry Role: Join Date: Aug 2006 Posts: 5,697	If you ever want to enforce it make it as narrow as possible. Be specific about what they can't disclose or where and when they can't compete. Saying they can't use any information ever anywhere for any purpose doesn't help you at all. Where most companies go wrong is on thinking broader is better. __________________ Website Secure \| Engine Food ICQ# 266-942-896

10-08-2013, 08:48 AM	#11
Sid70 Downshifter Industry Role: Join Date: Dec 2002 Location: Road trip Posts: 16,413	I'm being asked to sign it. In more then 12 years it's the 1st time basically. What would be the best fit for a designer? Any good samples? __________________ Русня, идите нахуй!

10-08-2013, 08:59 AM	#12
Sid70 Downshifter Industry Role: Join Date: Dec 2002 Location: Road trip Posts: 16,413	One company response to my question was like: We never sign NDA?s. Why? Because chances are the perspective client is trying to protect an idea that is not truly unique, one that we have seen before, one that may already exist, and one with functions/ideas that they have copied from someone else. So let me get this right?. you want me to sign a one-sided contract that limits my business opportunities just to gather information to provide you with one of many quotes that your are soliciting for an idea that was inspired by someone/something else? I think not. __________________ Русня, идите нахуй!

10-08-2013, 11:09 AM	#13
k0nr4d Confirmed User Industry Role: Join Date: Aug 2006 Location: Poland Posts: 9,229	You are confusing a non-disclosure agreement with a non-compete agreement. I've had people ask me to sign non-compete agreements on $300 projects before... I'll limit what we can do for $300k, not for $300. __________________ Mechanical Bunny Media Mechbunny Tube Script \| Mechbunny Webcam Aggregator Script \| Custom Web Development

10-08-2013, 11:21 AM	#14
_Richard_ Too lazy to set a custom title Industry Role: Join Date: Oct 2006 Location: Earth Posts: 30,989	the best, is when one company asks you to sign a NDA, then asks you for all 'your old affiliates'