Q: Writing and NDA for over seas contract
I want to work with a contractor that is based in Russia, and I need an NDA that would legally hold the contractor accountable if there was a breach in the contract that required us the go to a US court. Are there templates of NDA's that take into consideration working with someone over seas?
A:
You probably need a custom NDA. To me the bigger question is, once this Russian contractor breaches the NDA, how are you going to enforce it? Go to federal court here and get an injunction against someone in Russia? Who do you think will enforce that? Putin? If they don't have a substantial presence in this country with tangible assets here, you are looking at the value of a sheet of paper. So, don't disclose anything you don't want to lose. Of course you might be dealing with a wonderful person who would never do anything wrong, or it could be Baba Yaga.
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Robert P. Cogan agrees with this answer
A:
"Is there a template?" How much time, effort, and money are you putting in to this? There are many different issues to cover. Even if you have a template, you still need an attorney to evaluate what it does not say. I can usually tell a contract that is cobbled together from templates by a non-lawyer in 90 seconds.
If you want to roll the dice and handle a complicated arrangement without an attorney, that is your business decision to make.
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