I worked on an exciting project for a company that went under. Can I now talk about it (NDA)? [closed]

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In my last posting I was fortunate enough to work on a very exciting project that I had a non-disclosure in place for. Adhering to this disclosure I've never directly talked about the project except at a very high level and when required to.

My previous employer has since gone out of business - is it acceptable to speak about this project with current colleagues or is it something I should continue to avoid?

ethics

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asked Jul 24 '15 at 3:59

Codingo

3,24331941

closed as off-topic by Vietnhi Phuvan, Jane S♦, scaaahu, David K, gnat Jul 24 '15 at 13:24

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Vietnhi Phuvan, Jane S, scaaahu, David K, gnat

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  You are asking a legal question, the answer to which varies by state. Example: avvo.com/legal-answers/… Voting to close because it's a legal question and because the answer to this legal question depends upon which state you work in. As a practical matter, contracts are not enforceable if one of the parties is not in a position to demand enforcement of the terms of the contract in a court of law. But that's the cynical approach.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:33
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Just because a company is out of business, don't automatically assume that no one is in a position to enforce the terms of a contract on you. A bankrupt business might have a court-appointed administrator whose job is to look out for the creditors, for example. Or the owners of the dissolved company might transfer their IP to some other acquiring entity, and that acquiring entity now owns the contract. It's probably simpler for you to contact the business owner and ask them whether they want to continue enforcing the NDA on you.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:56
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  Also flagging as offtopic. You need to consult a laywer, not us. If you have a copy of the NDA, you should bring it.
  – Trickylastname
  Jul 24 '15 at 12:59
  

  
  
  
  

suggest improvements | 

up vote
-1
down vote

favorite

In my last posting I was fortunate enough to work on a very exciting project that I had a non-disclosure in place for. Adhering to this disclosure I've never directly talked about the project except at a very high level and when required to.

My previous employer has since gone out of business - is it acceptable to speak about this project with current colleagues or is it something I should continue to avoid?

ethics

share|improve this question

asked Jul 24 '15 at 3:59

Codingo

3,24331941

closed as off-topic by Vietnhi Phuvan, Jane S♦, scaaahu, David K, gnat Jul 24 '15 at 13:24

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Vietnhi Phuvan, Jane S, scaaahu, David K, gnat

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  You are asking a legal question, the answer to which varies by state. Example: avvo.com/legal-answers/… Voting to close because it's a legal question and because the answer to this legal question depends upon which state you work in. As a practical matter, contracts are not enforceable if one of the parties is not in a position to demand enforcement of the terms of the contract in a court of law. But that's the cynical approach.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:33
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Just because a company is out of business, don't automatically assume that no one is in a position to enforce the terms of a contract on you. A bankrupt business might have a court-appointed administrator whose job is to look out for the creditors, for example. Or the owners of the dissolved company might transfer their IP to some other acquiring entity, and that acquiring entity now owns the contract. It's probably simpler for you to contact the business owner and ask them whether they want to continue enforcing the NDA on you.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:56
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  Also flagging as offtopic. You need to consult a laywer, not us. If you have a copy of the NDA, you should bring it.
  – Trickylastname
  Jul 24 '15 at 12:59
  

  
  
  
  

suggest improvements | 

up vote
-1
down vote

favorite

up vote
-1
down vote

favorite

In my last posting I was fortunate enough to work on a very exciting project that I had a non-disclosure in place for. Adhering to this disclosure I've never directly talked about the project except at a very high level and when required to.

My previous employer has since gone out of business - is it acceptable to speak about this project with current colleagues or is it something I should continue to avoid?

ethics

share|improve this question

asked Jul 24 '15 at 3:59

Codingo

3,24331941

In my last posting I was fortunate enough to work on a very exciting project that I had a non-disclosure in place for. Adhering to this disclosure I've never directly talked about the project except at a very high level and when required to.

My previous employer has since gone out of business - is it acceptable to speak about this project with current colleagues or is it something I should continue to avoid?

ethics

share|improve this question

asked Jul 24 '15 at 3:59

Codingo

3,24331941

share|improve this question

share|improve this question

asked Jul 24 '15 at 3:59

Codingo

3,24331941

asked Jul 24 '15 at 3:59

Codingo

3,24331941

asked Jul 24 '15 at 3:59

Codingo

3,24331941

3,24331941

closed as off-topic by Vietnhi Phuvan, Jane S♦, scaaahu, David K, gnat Jul 24 '15 at 13:24

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Vietnhi Phuvan, Jane S, scaaahu, David K, gnat

If this question can be reworded to fit the rules in the help center, please edit the question.

closed as off-topic by Vietnhi Phuvan, Jane S♦, scaaahu, David K, gnat Jul 24 '15 at 13:24

This question appears to be off-topic. The users who voted to close gave this specific reason:

• "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Vietnhi Phuvan, Jane S, scaaahu, David K, gnat

If this question can be reworded to fit the rules in the help center, please edit the question.

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  You are asking a legal question, the answer to which varies by state. Example: avvo.com/legal-answers/… Voting to close because it's a legal question and because the answer to this legal question depends upon which state you work in. As a practical matter, contracts are not enforceable if one of the parties is not in a position to demand enforcement of the terms of the contract in a court of law. But that's the cynical approach.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:33
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Just because a company is out of business, don't automatically assume that no one is in a position to enforce the terms of a contract on you. A bankrupt business might have a court-appointed administrator whose job is to look out for the creditors, for example. Or the owners of the dissolved company might transfer their IP to some other acquiring entity, and that acquiring entity now owns the contract. It's probably simpler for you to contact the business owner and ask them whether they want to continue enforcing the NDA on you.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:56
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  Also flagging as offtopic. You need to consult a laywer, not us. If you have a copy of the NDA, you should bring it.
  – Trickylastname
  Jul 24 '15 at 12:59
  

  
  
  
  

suggest improvements | 

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  You are asking a legal question, the answer to which varies by state. Example: avvo.com/legal-answers/… Voting to close because it's a legal question and because the answer to this legal question depends upon which state you work in. As a practical matter, contracts are not enforceable if one of the parties is not in a position to demand enforcement of the terms of the contract in a court of law. But that's the cynical approach.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:33
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  Just because a company is out of business, don't automatically assume that no one is in a position to enforce the terms of a contract on you. A bankrupt business might have a court-appointed administrator whose job is to look out for the creditors, for example. Or the owners of the dissolved company might transfer their IP to some other acquiring entity, and that acquiring entity now owns the contract. It's probably simpler for you to contact the business owner and ask them whether they want to continue enforcing the NDA on you.
  – Vietnhi Phuvan
  Jul 24 '15 at 10:56
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  Also flagging as offtopic. You need to consult a laywer, not us. If you have a copy of the NDA, you should bring it.
  – Trickylastname
  Jul 24 '15 at 12:59
  

  
  
  
  

2

2

You are asking a legal question, the answer to which varies by state. Example: avvo.com/legal-answers/… Voting to close because it's a legal question and because the answer to this legal question depends upon which state you work in. As a practical matter, contracts are not enforceable if one of the parties is not in a position to demand enforcement of the terms of the contract in a court of law. But that's the cynical approach.
– Vietnhi Phuvan
Jul 24 '15 at 10:33

You are asking a legal question, the answer to which varies by state. Example: avvo.com/legal-answers/… Voting to close because it's a legal question and because the answer to this legal question depends upon which state you work in. As a practical matter, contracts are not enforceable if one of the parties is not in a position to demand enforcement of the terms of the contract in a court of law. But that's the cynical approach.
– Vietnhi Phuvan
Jul 24 '15 at 10:33

1

1

Just because a company is out of business, don't automatically assume that no one is in a position to enforce the terms of a contract on you. A bankrupt business might have a court-appointed administrator whose job is to look out for the creditors, for example. Or the owners of the dissolved company might transfer their IP to some other acquiring entity, and that acquiring entity now owns the contract. It's probably simpler for you to contact the business owner and ask them whether they want to continue enforcing the NDA on you.
– Vietnhi Phuvan
Jul 24 '15 at 10:56

Just because a company is out of business, don't automatically assume that no one is in a position to enforce the terms of a contract on you. A bankrupt business might have a court-appointed administrator whose job is to look out for the creditors, for example. Or the owners of the dissolved company might transfer their IP to some other acquiring entity, and that acquiring entity now owns the contract. It's probably simpler for you to contact the business owner and ask them whether they want to continue enforcing the NDA on you.
– Vietnhi Phuvan
Jul 24 '15 at 10:56

Also flagging as offtopic. You need to consult a laywer, not us. If you have a copy of the NDA, you should bring it.
– Trickylastname
Jul 24 '15 at 12:59

Also flagging as offtopic. You need to consult a laywer, not us. If you have a copy of the NDA, you should bring it.
– Trickylastname
Jul 24 '15 at 12:59

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1 Answer
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accepted

You have a contract

Your NDA is a contract (and presumably valid) and until that contract is terminated you are still bound by it.

When you can disclose information

When allowed under the contract

Are there any terms in the NDA that allow you to disclose the information?

If there are any and the contemplated circumstances have occurred then you may disclose. I would be surprised if the insolvency of either party was a matter that the NDA dealt with but you never know.

When required by law

If a court tells you to disclose then that overrides the provisions of the contract.

When the contract is terminated

Once the contract has ended you are no longer bound by it. "Going out of business" is not a well defined concept. Did they cease trading, have an administrator appointed, go bankrupt or were liquidated? If the last two that may terminate the contract but that depends on the circumstances.

You have to understand that the contract is an asset of the business - somebody owns that asset (even if the don't know that they do) and it may be valuable to them because keeping the project secret still has value. If that is the case, they could pursue damages if you break the contract.

When both parties agree

You could always ask your previous employer (or the current owners of their assets) if you can talk about it. If they say yes then you are allowed to.

share|improve this answer

answered Jul 24 '15 at 5:09

Dale M

1,1051612

suggest improvements | 

1 Answer
1

active

oldest

votes

1 Answer
1

active

oldest

votes

active

oldest

votes

active

oldest

votes

up vote
4
down vote



accepted

You have a contract

Your NDA is a contract (and presumably valid) and until that contract is terminated you are still bound by it.

When you can disclose information

When allowed under the contract

Are there any terms in the NDA that allow you to disclose the information?

If there are any and the contemplated circumstances have occurred then you may disclose. I would be surprised if the insolvency of either party was a matter that the NDA dealt with but you never know.

When required by law

If a court tells you to disclose then that overrides the provisions of the contract.

When the contract is terminated

Once the contract has ended you are no longer bound by it. "Going out of business" is not a well defined concept. Did they cease trading, have an administrator appointed, go bankrupt or were liquidated? If the last two that may terminate the contract but that depends on the circumstances.

You have to understand that the contract is an asset of the business - somebody owns that asset (even if the don't know that they do) and it may be valuable to them because keeping the project secret still has value. If that is the case, they could pursue damages if you break the contract.

When both parties agree

You could always ask your previous employer (or the current owners of their assets) if you can talk about it. If they say yes then you are allowed to.

share|improve this answer

answered Jul 24 '15 at 5:09

Dale M

1,1051612

suggest improvements | 

up vote
4
down vote



accepted

You have a contract

Your NDA is a contract (and presumably valid) and until that contract is terminated you are still bound by it.

When you can disclose information

When allowed under the contract

Are there any terms in the NDA that allow you to disclose the information?

If there are any and the contemplated circumstances have occurred then you may disclose. I would be surprised if the insolvency of either party was a matter that the NDA dealt with but you never know.

When required by law

If a court tells you to disclose then that overrides the provisions of the contract.

When the contract is terminated

Once the contract has ended you are no longer bound by it. "Going out of business" is not a well defined concept. Did they cease trading, have an administrator appointed, go bankrupt or were liquidated? If the last two that may terminate the contract but that depends on the circumstances.

You have to understand that the contract is an asset of the business - somebody owns that asset (even if the don't know that they do) and it may be valuable to them because keeping the project secret still has value. If that is the case, they could pursue damages if you break the contract.

When both parties agree

You could always ask your previous employer (or the current owners of their assets) if you can talk about it. If they say yes then you are allowed to.

share|improve this answer

answered Jul 24 '15 at 5:09

Dale M

1,1051612

suggest improvements | 

up vote
4
down vote



accepted

up vote
4
down vote



accepted

You have a contract

Your NDA is a contract (and presumably valid) and until that contract is terminated you are still bound by it.

When you can disclose information

When allowed under the contract

Are there any terms in the NDA that allow you to disclose the information?

If there are any and the contemplated circumstances have occurred then you may disclose. I would be surprised if the insolvency of either party was a matter that the NDA dealt with but you never know.

When required by law

If a court tells you to disclose then that overrides the provisions of the contract.

When the contract is terminated

Once the contract has ended you are no longer bound by it. "Going out of business" is not a well defined concept. Did they cease trading, have an administrator appointed, go bankrupt or were liquidated? If the last two that may terminate the contract but that depends on the circumstances.

You have to understand that the contract is an asset of the business - somebody owns that asset (even if the don't know that they do) and it may be valuable to them because keeping the project secret still has value. If that is the case, they could pursue damages if you break the contract.

When both parties agree

You could always ask your previous employer (or the current owners of their assets) if you can talk about it. If they say yes then you are allowed to.

share|improve this answer

answered Jul 24 '15 at 5:09

Dale M

1,1051612

You have a contract

Your NDA is a contract (and presumably valid) and until that contract is terminated you are still bound by it.

When you can disclose information

When allowed under the contract

Are there any terms in the NDA that allow you to disclose the information?

If there are any and the contemplated circumstances have occurred then you may disclose. I would be surprised if the insolvency of either party was a matter that the NDA dealt with but you never know.

When required by law

If a court tells you to disclose then that overrides the provisions of the contract.

When the contract is terminated

Once the contract has ended you are no longer bound by it. "Going out of business" is not a well defined concept. Did they cease trading, have an administrator appointed, go bankrupt or were liquidated? If the last two that may terminate the contract but that depends on the circumstances.

You have to understand that the contract is an asset of the business - somebody owns that asset (even if the don't know that they do) and it may be valuable to them because keeping the project secret still has value. If that is the case, they could pursue damages if you break the contract.

When both parties agree

You could always ask your previous employer (or the current owners of their assets) if you can talk about it. If they say yes then you are allowed to.

share|improve this answer

answered Jul 24 '15 at 5:09

Dale M

1,1051612

share|improve this answer

share|improve this answer

answered Jul 24 '15 at 5:09

Dale M

1,1051612

answered Jul 24 '15 at 5:09

Dale M

1,1051612

answered Jul 24 '15 at 5:09

Dale M

1,1051612

1,1051612

suggest improvements | 

suggest improvements |