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20-Jan-2018 04:17

We can’t prevent something that’s already happened. First, be aware that asking a party to sign a NDA with a retroactive date is considered “bush league” to some in the legal world and may not be taken lightly by the party on the other end.

There are ways, however, to ensure that past disclosures remain confidential and then preserve that confidentiality moving forward. While adding a retroactive date to a legal agreement is not uncommon, you need to make sure you don’t come out of left field with a retroactive NDA in your hand after weeks of cooperative negotiations, conversations or partnerships.

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One of the thornier issues which comes up in legal practice from time to time is the backdating of documents.

Legally speaking, this is something that you should not do – or more accurately, there will only ever rarely be occasions when this is appropriate to do.

However in practice, for both good reasons and bad, backdating of documents does occur.

The risks of backdating (or misdating) documents accidentally is multiplied in modern commercial transactions by the practice of getting all the documents signed before “completion” and then rushing around dating them afterwards.

Unless you can prove that the other party engaged in fraud or other wrongdoing in preparing the contract or inducing you to sign it, you will be required to abide by it.

However, it is important not to let your guard down at this point.