Q: What to do if a confidential discussion happened before business formation?
I am an independent consultant and was asked by a client (medical institution) to sign a CDA (not an NDA, a CDA) to cover conversations from 8/23 regarding the nature and commercialization of scientific research with patents still pending.
What benefits are there to signing as manager of a to-be-formed LLC vs. signing personally?
(My LLC is not yet formed.) My business and I are in NJ and the counterparty is in NY; the agreement is governed by the state of NY.
A: The confidentiality agreement, if properly written, should bar any disclosures by you of confidential information, regardless of your title. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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