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by josaka 3191 days ago
One common fact pattern: 1) small co is going to sell some partially-customized product to big co; 2) small co signs big co's NDA that leaves the definition of "confidential info" and other rights vague/favorable to big co; 3) big co floods small co with low grade confidential info relevant to customization of the product for a trial; 4) then (often through incompetence, some times through malice) big co becomes convinced that small co is misusing confidential info to sell to big co's competitors and sues for breach/trade-secret misappropriation, etc.

Effectively, the NDA gives big co the option to force small co to, at the very least, pay lawyers $50k a month until dead or the suit is resolved in two-plus years because the NDA and facts, at the very least, left a lot of issues to dispute.