Re: Non-disclosure agreements

> Trotter Hardy writes:
> >
> > Why would a non-disclosure agreement dealing with public
> > information be invalid? Suppose A doesn't know but wants to
> > know the date of Lincoln's death, and B says: "I will tell you
> > the date right now, and save you the time of looking it up, but
> > only if you promise not to say anything about Lincoln's date of
> > death to anyone else."

Don Berman replies:
> As a practical matter what are the damages in such a case if the
> information is already in the public domain and why would any court
> grant equitable relief?

Good point. Is there a difference, though, between saying "You have a deal, but there is no practical way of enforcing it" and saying "Your deal is invalid as a restraint of trade?"

The test case, I suppose, would be if the deal were modified to include this: B says "I will tell you the date etc. and the liquidated damages for breach will be $10. What do you say?" A agrees. Enforceable? Restraint of trade?

        --Trotter Hardy

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