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Are you saying NDA without putting a dollar value are unenforceable?
Consideration doesn't have to be denominated in dollars.
On a similar, but separate note, my bank launched a new version of its online banking platform. From launch I noticed it opened my accounts in a new tab while leaving my credentials (password and all) in the sign-in form. Not so bad when signing in from home - horrific if you're signing in from a public computer. I tweeted to the bank and spoke to someone on the phone about it. It's been 3 months and the bug is still…
Earlier quoted context omitted.
Consideration is a common law concept as far as I can tell. As someone unfamiliar with how it came to be: Why was consideration introduced? What's the rationale, the goal behind it?
I believe the idea is nobody would willingly sign a contract that does nothing to benefit themselves so they must have been mislead into the agreement thus it is invalid. Sort of a rational actor theory of law.
The NDA is not a valid contract because there is no consideration. For a contract to be valid each party has to gain something. This is why many contracts include a token consideration of $1. This one didn't, so it's invalid.
Consideration is a common law concept as far as I can tell. As someone unfamiliar with how it came to be: Why was consideration introduced? What's the rationale, the goal behind it?
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I'm guessing if you used a popular web-based email service, or any browser email client, then this would be possible.
Possibly, but you'd still have to (try to) "render" it in your browser by opening the mail. On a similar note, your web mail could fetch images in emails ahead of time, but that would still be out of your browser's context
I would not be surprised if this turns into a class action lawsuit. The negligence here is remarkable.
I am not saying no one has damages, but if 100s of people had damages, I expect something would have happened...
Wow. Going on with your life as a C-level executive with this knowledge, as if it's just all good, is just insane. I'm sure they're in the clear personally now, but I can certainly see why they would wanna sell their company fast after gaining this knowledge in 2010.
Wouldn't the FTC want to know about this though, as this would be a great way to execute a pump-and-dump scam...
I think it's totally fair to reject an NDA but I don't blame him for fearing an overzealous reaction on their part. Even being on the right side of criminal and civil law, you really do have to be willing to spend time and money to mount an affirmative defense.