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Marking up an NDA exercise for in-house position interview

Posted: Fri Feb 07, 2020 2:35 pm
by PallasAthena
Hi,

I am interviewing for an in-house IP counsel position with a start-up next week. Although the IP counsel would primarily be responsible for patent prosecution (preparing patent applications, responses to Office Actions, Freedom to Operate and Patentability analyses etc.), they would also like the IP counsel to help out with some transactional stuff such as marking up NDAs, MTAs etc. I have been informed that there will be an NDA markup exercise during my onsite interview. My legal experience is on the patent prosecution side. So I was wondering if the transactional lawyers out there could give me helpful tips on what to specifically look for when marking up an NDA. I have been searching the internet as well, but any input from transactional lawyers or anyone who has had to do a similar exercise during an interview would be greatly appreciated!

Thanks for reading!

Re: Marking up an NDA exercise for in-house position interview

Posted: Fri Feb 07, 2020 2:40 pm
by Transactional lawyer
Just off the top of my head, the big ones generally are scope of the definition of confidential information, survival period, group with which the info may be shared, any strange indemnification/waiver of liability language, and circumstances under which the info can be shared

Re: Marking up an NDA exercise for in-house position interview

Posted: Sat Feb 08, 2020 1:38 am
by PallasAthena
Transactional lawyer wrote:
Fri Feb 07, 2020 2:40 pm
Just off the top of my head, the big ones generally are scope of the definition of confidential information, survival period, group with which the info may be shared, any strange indemnification/waiver of liability language, and circumstances under which the info can be shared
Thanks! That's very helpful!

Re: Marking up an NDA exercise for in-house position interview

Posted: Thu Feb 13, 2020 1:48 am
by attorneyorlawyer
Residuals. Look out for those as they may slip it in (even if it's called something else)

Re: Marking up an NDA exercise for in-house position interview

Posted: Mon Mar 30, 2020 2:49 pm
by PallasAthena
Thank you everyone who responded. I ended up getting the job! :)

Re: Marking up an NDA exercise for in-house position interview

Posted: Mon Mar 30, 2020 4:00 pm
by Slytherpuff
Congratulations! Were you able to start before things shut down?

Re: Marking up an NDA exercise for in-house position interview

Posted: Mon Mar 30, 2020 4:41 pm
by PallasAthena
Slytherpuff wrote:
Mon Mar 30, 2020 4:00 pm
Congratulations! Were you able to start before things shut down?
Thanks! Actually, I start in the third week of April. They are planning to do remote on-boarding. It's less than ideal but I will just have to make the best of it!

Re: Marking up an NDA exercise for in-house position interview

Posted: Mon Mar 30, 2020 5:04 pm
by Transactional lawyer
That’s awesome OP, congrats!

Re: Marking up an NDA exercise for in-house position interview

Posted: Mon Mar 30, 2020 8:00 pm
by PallasAthena
Transactional lawyer wrote:
Mon Mar 30, 2020 5:04 pm
That’s awesome OP, congrats!
Thank you! Also thanks for your helpful tips from earlier on how to issue spot an NDA.