Under Texas law, a non-disclosure agreement is enforceable even if it is coupled with an unenforceable non compete agreement or invalid non-solicitation provision.
For standard nondisclosures under Section 411.0725 (offense date on or after September 1, 2015): there is a five-year waiting period (after discharge and dismissal) for felonies, and (2) there is a two-year waiting period for misdemeanors under Chapter 20, 21, 22, 25, 42, 43 or 46, Penal Code; there are no waiting ...
An NDA can last as long as the parties who sign it agree to make it last. Some NDAs may only last a year or less when information must stay confidential during a negotiation. Other NDAs may have no expiration date, lasting for the foreseeable future.
Yes, non-disclosure agreements are enforceable in Texas. That being said, NDAs with a reasonable scope are more likely to hold up in court if challenged.
NDAs are enforceable when they are signed — if they are properly drafted and executed. NDAs are enforceable once signed, provided they have been drafted and executed properly. Unilateral NDAs need only the signature of the receiving party, whereas mutual non-disclosure agreements need the signatures of both parties.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
How to Enforce an NDA Identify the breach: The first step in enforcing an NDA is to identify the breach. Send a cease and desist letter: Once a breach has been identified, the company should send a cease and desist letter to the party who has breached the NDA.
Contact Us BEXAR COUNTY COURTHOUSE. Phone: 210-335-2011.
In order to obtain an order of nondisclosure, you must first file a petition for an order of nondisclosure with the proper court. The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication.
For other misdemeanor and felony convictions, this period is 2-5 years after the sentence completion date. After this waiting period, obtaining a nondisclosure order in Texas usually takes between four and nine months.