Richard Gary Burt

Partnerships and LLC Committee of the State Bar of California

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Practice Areas

Business Law: Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Real Estate Law: Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Jurisdictions Admitted to Practice

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; 2018 - 2020

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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?: July 18, 2018; 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. ... Read More

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Richard G. Burt

55 S Market St

#1500

San Jose, CA 95113
US

Telephone: (408) 286-7333