QUESTION
Can a non disclosure contract have a clause that I agree to not cooperate with law inforcenment? Or would that be an illegal contract?
Asked on Jun 18th, 2012 on Business Law - Texas
More details to this question:
If I sign the contract and I am supeoned and I do cooperate with federal investigators, would I be protected because of cooperation or would I be at risk because of the contract?
2 ANSWERS
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I am licensed in California not Texas but such a provision would be totally unenforceable as a matter of public policy in my state. If you refuse to cooperate with federal investigators you may be cited for obstruction of justice.
Answered on Jun 21st, 2012 at 1:17 PM
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An agreement not to cooperate with a valid court subpoena is illegal, void and unenforceable. A conventional formulation of a non-disclosure agreement would provide you with the obligation to notify the other party of your receipt of a subpoena so that the other side can attempt to have it quashed. However, if that fails, you must comply, and your agreement will not protect you from the government.
Answered on Jun 19th, 2012 at 6:28 AM