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I need advise on non- circumvent clauses. FL. Not discussing…

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I need advise on non- circumvent clauses

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

FL

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Not discussing an agreement

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I am a biotech start up and we are discussin an NDA and non- circumvent with a third party that want to bring in business or a potential buyer I do not know the folks very well and I do not want to create me a future liability by providing rights that may back fire on me

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
11/30/2017
Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

What can I answer for you specifically? Or do you want to see a sample of a non-compete/circumvent/disclosure?

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Customer reply replied 4 months ago
what is the risk of a non-circumvent clause?
Lawyer: Ely, Counselor at Law replied 4 months ago

Well, the issue is that after you sign it, you really have no way to STOP the other party from talking to someone else. The remedy is after the fact, when you would SUE for relief, asking the Court for damages. But that is a very long process and there is no guarantee that you could even collect on a judgment if the party has little or no money.

As such, the rule of thumb is - do not sign a non-circumvent clause with anyone who you would not trust to do business without one.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 4 months ago
My concerned is not so much as to whom he may talk, but in any case, that it may prevent me doing a business in the future or that he could claim that a particular business belongs to them. That is the risk I want to understand and assess
Lawyer: Ely, Counselor at Law replied 4 months ago

I understand. Well the non-circumvent is not written only one way. You can edit it in a way which would allow you to work in a certain field in the future. As long as the other party agrees to it, that is fine - the contract may be more imposing on one party than the other.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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