You Signed the NDA. They Leaked It Anyway. Now What?

How to Enforce a Non-Disclosure Agreement After the Damage Is Done

You had them sign the NDA. The deal was confidential. You trusted them with inside information.

Then they leaked it. Or used it. Or shared it with your competitor.

Now you're wondering: Is the NDA even worth anything?

🛡 Yes, NDAs Are Enforceable — If You Act Fast

Under New York and New Jersey law, courts routinely enforce valid non-disclosure agreements (NDAs). But timing, scope, and documentation are everything.

Even if the leak already happened, you may still be able to:

• Stop future disclosure
• Recover monetary damages
• Force the return or destruction of your data

📄 First: Check What the NDA Actually Covers

Not all NDAs are equal. Look for these key terms:

• Definition of “Confidential Information” — is what they leaked clearly covered?
• Time limits — is the NDA still in effect?
• Permitted disclosures — did they claim to fall under an exception?
• Remedies and jurisdiction — does the agreement allow for injunctions or damages?

🔍 What to Do Immediately After the Breach

• Preserve the evidence — screenshots, emails, timestamps, communications
• Send a formal cease and desist — in writing, citing the NDA and specific breach
• Limit further damage — revoke access, notify stakeholders, freeze shared accounts

Waiting too long can weaken your claim—especially if you appear to tolerate the breach.

⚖️ Legal Remedies You May Have

Depending on the facts, you may be able to pursue:

• Injunctive relief — a court order to stop use or further disclosure
• Monetary damages — for lost business, competitive harm, or unjust enrichment
• Liquidated damages — if the NDA sets a specific amount
• Attorneys’ fees — if the NDA includes a fee-shifting clause

🚫 Common Defenses They May Try

• “It wasn’t confidential.”
• “You never marked it confidential.”
• “Everyone already knew.”
• “You didn’t act until months later.”

That’s why your documentation, speed, and scope matter more than ever.

The Bottom Line

NDAs are powerful—but only if you enforce them properly.

If someone leaked your confidential business information, you may still have strong legal options—but the clock is ticking.

Dealing with an NDA breach? Book a 15-minute paid consultation with JDE Law Firm, PLLC. We’ll help you assess your options and act fast to protect what’s yours.

🔗 Schedule a Consultation