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What Happens When an NDA Is Violated?

An NDA is generally an enforceable contract, and violating it could lead to a lawsuit on a number of grounds. Those who have been victims of an NDA violation should carefully review their options before taking legal action. They may have no choice but to act to protect their business or reputation.

Breaching NDAs Can Lead to Serious Harm

Companies and individuals have valid reasons for entering into NDAs. Usually, there is some information that they want to protect, whether it is a trade secret or sensitive corporate information. Either way, they would likely suffer some harm if that information was divulged. NDAs involve some sort of quid pro quo. The person who must keep quiet receives a benefit such as money or a job in exchange for not revealing protected information.

Once a person signs an NDA, it becomes a legal obligation to follow it. They break it at their own risk. The agreement may lay out penalties ahead of time. There are other laws that a person may break if they violate an NDA, such as the Trade Secrets Act, or copyright laws.

When people suspect that an NDA is broken, they often consult a breach of contract attorney to learn whether and how they could file a lawsuit. Oftentimes, their business or reputation could depend on whether they take legal action. They could suffer unmitigated damage from the breach. 

Investigating the Breach Before Acting

Before victims file a lawsuit, they must investigate further to learn the extent of the breach. They should learn whether there is still an ongoing risk that the other person could harm them. This way they could take the action necessary to protect themselves. They may need to go to court for an immediate injunction to stop the breach. One could also file a lawsuit for damages to be paid for the damage suffered. 

The defendant may fight back when they are sued for an NDA violation. In fact, a court will look at whether an NDA overreaches and imposes terms that are too harsh. However, that should not stop someone from trying to enforce the agreement that they negotiated. 

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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