If I believe that my company is involved in a trademark violation and I contact the attorney suing my company on the violation, does it violate an NDA?

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If I believe that my company is involved in a trademark violation and I contact the attorney suing my company on the violation, does it violate an NDA?

I believe that a company suing my company has a valid claim and my company may have broken the law. If I were to come forward would the be in violation of a non-disclosure agreement that I signed with my company?

Asked on September 28, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no way to answer this question in the abstract or generally: it depends entirely on the terms of the NDA. There are NDAs that would clearly bar what you describe; there are also NDAs which would not. You have to look at the terms of the NDA, and you may wish to consult with an attorney.

Be aware that even if you *can* do this, you are likely letting yourself in for a lot of trouble if you do this--you would almost certainly be fired; the company may try to sue you, whether under the NDA or try to find some other ground; you could end up incurring significant legal costs to defend yourself; etc. At the end of the day, do what you feel is right, but understand that this is a course of action which will almost certainly entail significant costs and/or stress to you.


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