QUESTION

What state governs the enforceability of an interstate non-disclosure agreement?

Asked on Mar 25th, 2014 on Breach of Contract - New Mexico
More details to this question:
When the participating parties of a NDA reside in different states, what state governs the validity and enforceability of the agreement?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Unless there is a provision in the contract (there often is) that provides for what state's law governs its validity and enforceability, there is no easy answer to the question, as a lot of different factors can affect the result.  Assuming there is a conflict in the laws of the various interested jurisdictions, New Mexico generally applies the law of the place where the contract was entered into.
Answered on Mar 25th, 2014 at 4:14 PM

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