Asked in Contracts and Employment Law for Florida

Q: What is the risk for me if company C finds out about company A?

I am the owner of company A (Luxury Chocolates) & B (BizDev) and I will work as a BizDev contractor for company C (Luxury Candies). Company C provides to me full access to their portfolio of customers and wants me to sign an NDA with no time limit. What is the risk for me if company C finds out about company A?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If either Luxury Chocolates or BizDev Co. does business with any of Luxury Candles' customers, you will presumed to have violated the NDA. If they take you to court, I suspect that it would be next to impossible for you to prove that you did not violate the agreement.

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You signed NDA, Non-Disclosure Agreement, not non-compete. Your obligation is not to disclose to anyone. If you did not tell anyone about their trade secret or covered information, I do not believe you have violated the NDA.

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