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NDAs are legally binding contracts, but enforcing them can be demanding and costly. This is because they often involve confidential information that may be complicated to prove or quantify, and breaches may be difficult to detect.
It is illegal for employers to require workers to enter into a nondisclosure agreement that would stop you from disclosing or discussing discriminatory conduct prohibited by ORS 659A. 030, 659A. 082, and 659A. 112.
Even when you are in a rush, you should not download a generic NDA online for signing! While non-disclosure agreements are generally enforceable in California, their enforceability can be subject to certain limitations and considerations.
While Washington and California have passed Silenced No More Acts, other states, including New York, Illinois, New Jersey and Oregon, have enacted their own NDA-narrowing provisions that cover all forms of employment discrimination.
Non-Solicitation of Clients Agreements and Oregon Law The law that governs non-solicitation of clients in Oregon is the same statute that governs non-competition agreements: Oregon Revised Statute 653.295. Unfortunately, while non-compete agreements are very strictly regulated, non-solicitation agreements are not.
When drafting an NDA, it is critical to be as specific as possible. A contract can be declared null and void if the language is unduly broad, irrational, or onerous. Agreements that are overly broad, oppressive, or attempt to contain non-confidential information will also be challenged or invalidated by the courts.
In general, NDAs are used when there is a unilateral flow of classified data, while confidentiality agreements are designed to be used when two or more parties share proprietary information.