After reading the Martin’s Violation of the JDA, respond to the following questions:
1. In the context of a breach of an NDA, there is no possibility for suing to enjoin (i.e., prevent) disclosure or misuse of the company’s information. As a result, there is only the possibility of an ex-post remedy. In light of that practical reality, just how valuable are these NDA provisions?
2. Should NDAs include agreed-upon remedies for breach? Is there any language that Vulcan could/should have included in the NDA that would have made it more watertight? In other words, does this case really involve an oversight in drafting the terms of the NDA?
3. In the context of our planning problem (involving Galaxy’s acquisition of Trekker’s business), would you recommend the use of an NDA? Does your analysis of this issue vary depending on whether you are Trekker’s counsel or Galaxy’s?
4. In considering the matters that are customarily included in an NDA, what advice would you give Trekker on these issues? What advice would you give to Galaxy on these matters?
5. What are the main advantages to entering into an LOI? What are the disadvantages of entering into this kind of written agreement, even if it specifies that it is nonbinding? (Atleast 150 words)
All APA format only. No Plagiarism. Everything must be referenced.
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