Q: I had an NDA made with a developer. I accidentally had him sign under owner and I signed under recipient, am I the owner
So we had an NDA made where he can’t share make his own or do anything with the software. He did all of the sudden and I issued him a cease and desist. Afterwards he pointed that he was the owner of the agreement and not us, which was a mistake on my end I switched up the roles, but the terms clearly show that my company is the owner of the software and the NDA it self. In term X it mentioned that either it survives for 36 months or until the owner releases the agreement. I am wondering if it will hold up in court with enough proof to show that the NDA was made by me and not him.
A: To properly answer your question a lawyer would need to review the entire agreement and any other information regarding your relationship and payments.
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A: You really need to have the agreement (NDA) reviewed by an experienced New Jersey civil litigation attorney. Once that is done, it can be determined how to best proceed against him. You will have the option of filing against him in either NV or NJ. Although I cannot say for certain, the law in New Jersey could be more favorable to you than the law in NV. Unless you retain an experienced civil litigation attorney who is licensed in both states no one can say for certain. But there are NV, DE, and several other states are considered to be very favorable for corporations in general. Good luck.
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