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The New Coffee Room

  1. TNCR
  2. General Discussion
  3. Two very interesting things in a NDA today

Two very interesting things in a NDA today

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  • MikM Offline
    MikM Offline
    Mik
    wrote last edited by
    #4

    Yeah, AI is going to change NDAs. My daughter has to sign them all the time in her industry. I've had to do a few with development ventures I've been involved with.

    "You cannot subsidize irresponsibility and expect people to become more responsible." — Thomas Sowell

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    • Doctor PhibesD Online
      Doctor PhibesD Online
      Doctor Phibes
      wrote last edited by
      #5

      We sign thousands of NDA's - we also use AI, but it's a restricted version that stays inside the company - presumably that will help with this sort of situation.

      I was only joking

      1 Reply Last reply
      • jon-nycJ Online
        jon-nycJ Online
        jon-nyc
        wrote last edited by
        #6

        It seems weird in that it’s not really enforceable because if I do share your confidential information with AI and there’s leakage you’d never know the source.

        Person. Woman. Man. Camera. TV.

        Doctor PhibesD N 2 Replies Last reply
        • jon-nycJ jon-nyc

          It seems weird in that it’s not really enforceable because if I do share your confidential information with AI and there’s leakage you’d never know the source.

          Doctor PhibesD Online
          Doctor PhibesD Online
          Doctor Phibes
          wrote last edited by
          #7

          @jon-nyc said:

          It seems weird in that it’s not really enforceable because if I do share your confidential information with AI and there’s leakage you’d never know the source.

          Putting in a clause which will probably stop honest folk from doing something they might do otherwise is probably the best they can hope for.

          I was only joking

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          • jon-nycJ jon-nyc

            Non-Disclosure agreement, that is.

            Had to sign one for a meeting tomorrow with an VC firm that is putting money into a gene editing biotech for AATD.

            First thing - a clause saying you agree not to feed their confidential information into any AI model. I imagine this is going to be standard soon enough.

            Second thing - a clause that said, in case of a dispute, we would flip a coin to see what state’s laws would prevail. Either where they’re incorporated or where we are. It specified a US quarter.

            KlausK Offline
            KlausK Offline
            Klaus
            wrote last edited by
            #8

            @jon-nyc said:

            Second thing - a clause that said, in case of a dispute, we would flip a coin to see what state’s laws would prevail. Either where they’re incorporated or where we are. It specified a US quarter.

            A lawyer once explained something important to me about contracts. They are deliberately incomplete. They don't specify what happens under any possible circumstance because that would be way too elaborate or impossible. The point is that it must be sufficiently expensive to go to court for both sides that the likelihood of resolving an unanticipated situation in a mutually agreed way is high.

            I think that clause fits to that idea.

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            • HoraceH Offline
              HoraceH Offline
              Horace
              wrote last edited by
              #9

              That's meaningful only to the extent they leave certain things intentionally ambiguous rather than spell them out, even if they could. It would be interesting to know what sorts of things might be left intentionally ambiguous for those purposes. The fact that there are two adversarial lawyers writing and signing the contracts probably minimizes the shenanigans along those lines. Beyond intentional ambiguity, it's just a statement that an impossible thing (full unambiguous specification of a non-trivial contract) also happens to be a bad idea.

              Education is extremely important.

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              • KlausK Offline
                KlausK Offline
                Klaus
                wrote last edited by
                #10

                I don't think contracts are often intentionally ambiguous, but they are usually incomplete. For instance, most contracts don't specify what happens if aliens interfere.

                HoraceH 1 Reply Last reply
                • KlausK Klaus

                  I don't think contracts are often intentionally ambiguous, but they are usually incomplete. For instance, most contracts don't specify what happens if aliens interfere.

                  HoraceH Offline
                  HoraceH Offline
                  Horace
                  wrote last edited by
                  #11

                  @Klaus said:

                  I don't think contracts are often intentionally ambiguous, but they are usually incomplete. For instance, most contracts don't specify what happens if aliens interfere.

                  I think contract language does allow for abstractions involving acts of God or uncontrollable/unforeseeable circumstances.

                  Education is extremely important.

                  1 Reply Last reply
                  • RenaudaR Offline
                    RenaudaR Offline
                    Renauda
                    wrote last edited by
                    #12

                    Yes it’s referred to as a force majeure clause.

                    Elbows up!

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                    • jon-nycJ jon-nyc

                      It seems weird in that it’s not really enforceable because if I do share your confidential information with AI and there’s leakage you’d never know the source.

                      N Offline
                      N Offline
                      NobodySock
                      wrote last edited by NobodySock
                      #13

                      @jon-nyc said:

                      It seems weird in that it’s not really enforceable because if I do share your confidential information with AI and there’s leakage you’d never know the source.

                      Just don’t rebut any of these NDA’s with more than 100 words. You’ve just shown your cards then.

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