Richard Gary Burt

Richard Gary Burt

Partnerships and LLC Committee of the State Bar of California
  • Business Law, Real Estate Law
  • California
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Practice Areas
  • Business Law
  • Real Estate Law
Jurisdictions Admitted to Practice
California
Professional Experience
Former Member
Partnerships and LLC Committee of the State Bar of California
Current
I served three separate terms as a member of the Partnerships and LLC Committee
Member and Senior Adviser
Corporations Committee of the State Bar of California
Current
I have served as the Vice-Chair--Judicial Developments of the commitee and also as a senior adviser.
Member and Vice Chair--Judicial Developments
Corporations Committee of the California Lawyers Association
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Education
Univ of Pennsylvania
Undergraduate Degree
George Washington Univ LS
Law Degree
Professional Associations
California Lawyers Association
Member
- Current
California State Bar # 88014
Member
- Current
Santa Clara County Bar Association
Member
- Current
Legal Answers
1 Questions Answered

Q. What happens if you breach an NDA after the company has breached your contract and has not invoiced you?
A: In California, a non-compete between a company and a former employee is invalide. That is, in California, a company cannot legally require an employee not to compete with the employer after the employment has terminated. This applies whether or not the company has breached the employment agreement and whether or not the employee has breached the employment agreement. The obligations of an NDA might be independent of any obligation of the company (it depends on the facts). Any claim for damages for breach of contract by the employer could be offset against the employer's claim for damages breach of the NDA. The principal benefit of an NDA for many employers is the ability to get a court to enjoin a former employer (or contractor) from using confidential information, not to get monetary damages. But if a fomer employee is not using any confidential information from a former employer, it's hard to see how an NDA would be violated. An NDA is a not a promise not to compete. It's a promise not to use confidential information.
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Contact & Map
Richard G. Burt
10 S Almaden Blvd
#1200
San Jose, CA 95113
USA
Telephone: (408) 286-7333