Barron Thomas has paid the zeilers $276,000 to date

[wabower]

If I send you a copy of a newspaper article with "FYI, looks like Acme Products' new widget has made the news" where's the breach? Let's say I go so far as to underline the information in the article that was provided to me in confidence, but you obviously don't know I have been provided under terms of the NDA.

Hmmmm-I've been told the opposite. Even though reported in the newspapers (or on the internet), it doesn't make it correct information.

I'm no lawyer...and I'm probably wrong here. I've never been burned keeping secrets, even though they are "public".

 

[Cap'n Jack]

If I send you a copy of a newspaper article with "FYI, looks like Acme Products' new widget has made the news" where's the breach? Let's say I go so far as to underline the information in the article that was provided to me in confidence, but you obviously don't know I have been provided under terms of the NDA.

No breach for me....possibly for for the person that sent me the article.

Seems that If I know that the person that sent me the information could have knowledge of whatever is going on, they are confirming a rumor.

I'll say it is at least a gray area...and I have never had a problem from maintaining secrets entrusted to me, even if they were leaked by others.

As I said- I'm no lawyer, and I may well be wrong on this issue.

 

[SCCutler]

Typical confidentiality agreement, at least any which I'd allow my client to sign, would exclude from its restrictive provisions any information which is in or enters the public domain by means other than my client's improper disclosure.

It would be nuts to agree you could be punished for discussing something which is legitimately in the public domain.

 

[wabower]

Exactly the advice we received--and followed. It was usually a moot point anyway, since the NDA information on most IB deals wasn't something I would talk about anyway, and our policy was to forget everything we learned about a deal before we left the due dil meeting.

Typical confidentiality agreement, at least any which I'd allow my client to sign, would exclude from its restrictive provisions any information which is in or enters the public domain by means other than my client's improper disclosure.

It would be nuts to agree you could be punished for discussing something which is legitimately in the public domain.

 

[SCCutler]

Exactly the advice we received--and followed. It was usually a moot point anyway, since the NDA information on most IB deals wasn't something I would talk about anyway, and our policy was to forget everything we learned about a deal before we left the due dil meeting.

Good policy - and, one often disregarded by those who feel the need to play "I know something you don't!"

 

[ScottM]

It would be nuts to agree you could be punished for discussing something which is legitimately in the public domain.

Never worked with anyone with a security clearance?

Standard boiler plate is that you never disclose, ever, unless specifically authorized.

In private biz, I had a company try to make me sigh a NDA that also would prohibit me from working in a related field for two years should I leave the company. In consideration for this non-compete clause they would give me one dollar. I told them to bite it. Only I did not say as nice as I just did in this post.

 

[Cap'n Jack]

As I said- I'm no lawyer, and I may well be wrong on this issue.

Typical confidentiality agreement, at least any which I'd allow my client to sign, would exclude from its restrictive provisions any information which is in or enters the public domain by means other than my client's improper disclosure.

It would be nuts to agree you could be punished for discussing something which is legitimately in the public domain.

I guess I'm wrong then!

<SNIP>you never disclose, ever, unless specifically authorized.

<SNIP>

I'll still act by what Scott said...good policy.

 

[SCCutler]

Never worked with anyone with a security clearance?

Definitely different context.

Standard boiler plate is that you never disclose, ever, unless specifically authorized.

Yep. That's what I negotiate to modify if I am representing the individual who's being asked to sign; if I represent the company, of course, it's a-holes and elbows all the way. :wink2:

In private biz, I had a company try to make me sigh a NDA that also would prohibit me from working in a related field for two years should I leave the company. In consideration for this non-compete clause they would give me one dollar. I told them to bite it. Only I did not say as nice as I just did in this post.

Good call; it's not as if, after they hire you (you, who they want so badly that they roll out the big push and the money), they're gonna show you how stuff *really* works...