Among the nearly infinite variety of legal agreements in use today, the non-disclosure agreement for general bilateral business discussions is by far the most ubiquitous. If measured only by the frequency of its use and the significance of its impact, a company’s NDA template is arguably its most important. The $200 million verdict against Oculus for breach of a rather simple NDA speaks volumes as to how critical such an agreement can be.
Every company has its own unique general use NDA template; paradoxically, many companies sign the opposite party’s template more often than not. The party larger in size, reputation, market cap, or perceived importance usually wins the battle of the NDA form. This NDA ritual takes place hundreds of times a day all over the world.
In US: must be an attorney licensed and in good standing in any state, territory or DC.
Outside US: must be a lawyer or equivalent (eg counselor, barrister, advocate, solicitor), duly educated and licensed/accredited and in good standing.
As a general rule, experienced and currently practicing lawyers, and those teaching law in the legal academy, are more likely to be admitted.