QUESTION

What to do if a confidential discussion happened before business formation?

Asked on Aug 30th, 2016 on Contracts - New York
More details to this question:
I am an independent consultant and was asked to sign a CDA to cover conversations from 8/23. I would prefer to sign under an LLC rather than personally, however, I have not yet formed the LLC. If I form it today, and try to sign the CDA dated 8/23, I would imagine the conversation from 8/23 is not covered. What do you recommend? My business and I are in NJ and the counterparty is in NY.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
I am not sure why you think the LLC issue is such a big one.  However, a contract can have retroactive effect, so an LLC can sign an agreement referencing an earlier event.
Answered on Aug 30th, 2016 at 6:06 AM

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