Las Vegas, NV asked in Contracts, Employment Law and Business Law for New Jersey

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.

2 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: To properly answer your question a lawyer would need to review the entire agreement and any other information regarding your relationship and payments.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.