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===== [[NDA|NDAs]] ===== | ===== [[NDA|NDAs]] ===== | ||
By contrast, a [[confidentiality agreement]] is part of the traditional pre-trade appendage-measuring ritual of the pea-cocks and pea-hens of finance. You ''have'' to do this; NDAs are meant to ''look'' fierce, but no-one is ever seriously ''hurt'' by them, and nor does anyone achieve much of lasting value out of them either. They’re a comfy part of the cosmic pantomime that is a career in financial services. | By contrast, a [[confidentiality agreement]] is part of the traditional pre-trade appendage-measuring ritual of the pea-cocks and pea-hens of finance. You ''have'' to do this; NDAs are meant to ''look'' fierce, but no-one is ever seriously ''hurt'' by them, and nor does anyone achieve much of lasting value out of them either. They’re a comfy part of the cosmic pantomime that is a career in financial services. But no-one wants to ''pay'' for them. | ||
Even so, the abstract ''legal'' points of an NDA can be intricate — the world is awash with NDA templates riddled with schoolboy errors — though, since nothing of any commercial moment has ever depended on an NDA, the howlers persist: the people — and [[Machines are fungible|machines]] — engaged to process them need, and usually have, no great acumen, so we should not expect anything else. | Even so, the abstract ''legal'' points of an NDA can be intricate — the world is awash with NDA templates riddled with schoolboy errors — though, since nothing of any commercial moment has ever depended on an NDA, the howlers persist: the people — and [[Machines are fungible|machines]] — engaged to process them need, and usually have, no great acumen, so we should not expect anything else. | ||
So there are local maxima and minima at play. An [[NDA]], however important, complicated, and regardless of what fanciful things you bolt onto it ([[Exclusive licence|exclusivity]], [[non-solicitation]], restraint of trade, punitive damages and so on) may generate a few thousand pounds in billings, but even that is pushing beyond rational expectation | So there are local maxima and minima at play. An [[NDA]], however important, complicated, and regardless of what fanciful things you bolt onto it ([[Exclusive licence|exclusivity]], [[non-solicitation]], restraint of trade, [[Exemplary damages|punitive damages]] and so on) may generate a few thousand pounds in billings, but even that is pushing beyond rational expectation. | ||
This is why | With a syndicated bond issue, on the other hand, you can write a ticket to the moon. | ||
This is why [[magic circle law firm]]s do not have “confidentiality departments” — everyone muddles along as best they can — but devote entire floors to [[Debt securities|debt capital markets]]. | |||
===Worked example=== | ===Worked example=== |