‘It pays to read your NDAs’

“When assessing whether a non-compete is an unlawful restraint of trade, express or implied non-contractual intentions can be used to evidence legitimate interests and therefore reasonableness. By signing an NDA he had not read, a partner at law firm Harcus Sinclair gave another law firm, Your Lawyers, an undertaking not to act in the Volkswagen group action about diesel missions. After a short process of informal but genuine collaboration, Harcus Sinclair proceeded to promote and lead the very competing group action claim that Your Lawyers said the NDA aimed to prevent …” (more)

[Charlie Grainger, Allen and Overy Compact Contract, 9 August]

First posted 2021-08-10 13:00:37

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