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I have someone who breached their contract by breaking an…

Customer Question
Hello, I have someone...

Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

NJ. I am filmmaker and I hire contractors on a need basis. I was considering a musician to compose the score for our film, prior to sending any materials, I had the musician sign an NDA that stated that if the NDA was broken there would be a fine of $250,000 regardless of damages. After receiving the person's audition for the film, I decided not to hire the musician they became disgruntled and discussed the matter with one of our biggest investors I have a message from the investor saying that due to my not hiring this person they would no longer be supporting our company

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not for now

Submitted: 6 months ago.Category: Legal
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Answered in 3 minutes by:
11/7/2017
Lawyer: Roy Hadavi,
 replied 6 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: It is not clear from the information you provided whether you have proof that the musician spoke with the investor. The information you provided only indicates that the investor did not want to continue with your company, because you did not hire the musician. If you do have evidence that the musician spoke with the investor, then you would have sufficient information to send the musician a cease and desist letter, which would include a demand for the liquidated damages amount of $250,000. You would want to include in the demand letter a deadline to respond.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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