There is insufficient information to respond to you post. What is the subject matter of the non disclosure agreement? Was there consideration given? What is the relationship between the parties?
This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are... more
This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.
Every NDA is different; every NDA has real problems of "Proof" (of violation of the NDA and of damages) and problems of enforcement, and all NDAs could be argued to have more psychological than legal value.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
As has been indicated to you, without seeing the specific non disclosure agreement, it is difficult to answer your specific question. When you entered into the NDA, did you have an attorney put the document together? You should contact a local area contacts/agreement attorney to take a look at the NDA.
The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather... more
The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
An NDA is one form of agreement that has international enforcement difficulties. Unfortunately, most people (even lawyers) believe in a one-size-fits-all approach to creating NDAs, and this isn't recommended. Let's discuss some of your problems.
For starters, you need to know the governing law of the agreement, and where you're trying to enforce the agreement. If this is U.S. law, e.g. California law, it can be difficult to domesticate and enforce an NDA in a foreign jurisdiction on the basis that American contracts do not always comport with the policies of the foreign jurisdiction, and the foreign jurisdictions will not allow the enforcement of a judgment in their jurisdiction. Ideally, you have two separate NDAs under Australian and Israeli law, respectively, to avoid the foreign jurisdiction enforcement issues. Australia and Israel are more in line to favor enforcement of American contracts, but your issues aren't over.
Second, you have a cost-of-enforcement problem. Unless you've included an attorneys' fees provision or followed the European format for an NDA (you have liquidated damages for a violation of the agreement), you're going to face an exorbitant amount of legal fees to obtain a judgment in California, then enter the judgment in the foreign jurisdictions. You'll need a California attorney, an Australian attorney, and an Israeli attorney. I don't know whether Australia or Israel will recognize the award of fees, and more importantly, I don't know what your agreement says (whether you're entitled).
Thirdly, what are your options under the contract for remedies/damages? Cease-and-desist? Actual damages? Consequential damages? Liquidated damages? The easiest-to-obtain remedy to receive in the US for the breach of an NDA is injunctive relief to get the parties to cease further disclosures. Some jurisdictions, e.g. China, don't enforce or entertain injunctive relief. For monetary damages, you'll have to prove you've suffered economic harm, and how do you value actual damages to the breach of an NDA - these are typically low, or consequential damages that are difficult to prove in that you have to show causation between your harm and the breach (and this is if the NDA doesn't limit these types of damages (hopefully not). Liquidated damages are the easiest to define in value, but not always allowed in all jurisdictions in that if there is a breach, there is the requirement to pay a defined sum.
Unless you're prepared to spend a minimum of $50K in legal fees, you're likely not going to see any real adherence to the contract, or any real form of remedy under the NDA. Sorry. You'll need the consult of 3 lawyers to even understand your options, and from my experience, you're already facing insurmountable issues of costs (unless you're a Fortune 500 company) to preclude you from starting the process. You might be limited to making threats, but any Australian or Israel-based person who consults a local attorney would receive advice of the remoteness of and the bona fide lack of risk your demands would proport to be. This is the mistake my American clients make when conducting business overseas.
For legal advice and representation, consult an attorney. This response was provided for informational and... more
For legal advice and representation, consult an attorney. This response was provided for informational and marketing purposes only, and should not be relied upon as legal advice. No communication with the author of this comment through this website can establish an attorney-client relationship, as the attorney-client relationship can only be established by the mutual understanding of its creation by both the client and the attorney, each party intending to create such a relationship.