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I am a Web Designer for an online business. I signed a NDA upon employment company. I want to start a similar Business can I?

I do not plan on taking any client information or anything I used while working for the company. I am doing this all on my own time.

The company I plan on starting is in the same exact field selling similar products.

There isnt any company information that I will be using that I didn't already know before working there or that couldn't be obtained pretty easily with a few google searches.

I am wondering if I can be sued for starting my own competing company after signing this agreement.

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Attorney answers (3)

Reputation Level 12
This should not be considered specific legal advice, nor does it establish an attorney client relationship. A non disclosure agreement is different than a non- compete agreement, but whether or not what you want to do in your new business will violate the terms of the agreement, would depend on the specific contractual terms you agreed to. If this is your profession, you will definitely want to have an attorney review and advise you before you start a new business.

Avvo Pro

Reputation Level 8
It sounds like you should consult an attorney in your state. While people often try to save a few bucks by not talking to a lawyer for relatively simple things like an NDA, it could be the most expensive money you ever "save." I suggest that in the future, have a lawyer read through an NDA, and negotiate out any problematic language or obligations.

Even though the document you signed was titled an NDA (Non-Disclosure Agreement), it may have contained some - perhaps even strong - "non-compete" language. Obviously that's determined by the language in the agreement. And not all non-compete language is enforceable. Again you need a lawyer to review the document and consider the laws in your state.

If there WAS NOT any non-compete language in the NDA, there should be no legal prohibition that prevents you from starting your company. But keep in mind that people can SUE for anything. I'm concerned that the prior company may try to stop you because they BELIEVE you will be using information gained while working for them. And AVOIDING a lawsuit is often as important - if not more so - than being legally right.

An attorney may help you with that as well; first reviewing the NDA for potential problems, and then in forming the best strategy for your business so as to minimize the likelihood of being sued by the previous company.

Avvo Pro

Reputation Level 9
I agree with the other responders that a careful examination of the NDA by an attorney is required. You should also discuss any unfair compeition claims that could be raised, regardless of the text of the NDA.

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