Yes. The startup might not have the fund to enforce NDA now but wait until the Company has developed a similar product. There will be lawyers willing to do Pro Bono on collecting the damage.
Bingo. A major use of these sorts of agreements is "If you cheat us AND make a bundle 'we'll be back'".
Or at least that threat WRT employees unwise enough to have signed non-competes (Boston and D.C. areas, obviously not California) has killed several situations I've been in where a company failed and dog in the manger types, the very ones responsible for the failure, used such threats that everyone else gave up and the concept and/or technology died a hard death.
Or at least that threat WRT employees unwise enough to have signed non-competes (Boston and D.C. areas, obviously not California) has killed several situations I've been in where a company failed and dog in the manger types, the very ones responsible for the failure, used such threats that everyone else gave up and the concept and/or technology died a hard death.