Q: To work with a sub-contractor from UpWork on an NDA-bound consulting project, is it sufficient to sign new NDA+Joinder?
My consulting LLC has existing NDA's for consulting engagements with various corporations, executed between my LLC and the client. I'd like to get assistance from an independent contractor on portions of work product. Is it sufficient to execute an NDA between my LLC and the independent contractor, a Joinder to the original NDA, or another approach? The disclosure requirements to original NDA are below: The Receiving Party (a) shall restrict disclosure of Confidential Information solely to their employees on a need to know basis provided such employees have executed confidentiality agreements reasonably satisfactory to the Company prior to any such disclosure, (b) shall protect the Confidential Information with at least the same degree of care and confidentiality as it affords its own confidential information, at all times exercising at least a commercially reasonable degree of care in such protection, and (c) shall not use any Confidential Information in any manner except for the
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A: You need to retain an experienced attorney who can draft a custom non-disclosure, non-compete and non-circumvent agreement, which is enforceable and have real "teeth" in it. How the agreement is drafted is critical if it is breached, you can have an attorney successfully have a Court enforce it. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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