When You're Signing More Than An NDA – Challenges Presented By Multiple Agreements

NDAs often mark the beginning of a series of agreements between parties exploring joint ventures, acquisitions, or investments. The interplay between these agreements and the NDA can present challenges if the parties end up in court, as was the case between iSentium, LLC and Bloomberg Finance.

NDAs often mark the beginning of a series of agreements between parties exploring joint ventures, acquisitions, or investments. The interplay between these agreements and the NDA can present challenges if the parties end up in court, as was the case between iSentium, LLC and Bloomberg Finance.¹

iSentium had a proprietary application, called “iSENSE,” which used analysis of market-related opinions on social media to predict market trends. Bloomberg expressed interest in incorporating iSENSE into its eponymous terminals and, in 2013, signed an NDA with iSentium to initiate a collaboration, leading to Bloomberg's use of iSENSE in its platform. However, in early 2016, the