In the state of New York, the effectiveness of a non-disclosure agreement (NDA) in a civil case in the presence of criminal charges would depend on various factors, including state laws, court precedents, and the specific circumstances of the case. Here’s how it might work:
Priority of Criminal Proceedings: New York, like many jurisdictions, typically gives priority to criminal proceedings over civil matters. If the subject matter covered by the NDA is relevant to an ongoing criminal investigation or prosecution, a court may prioritize disclosure of information over the terms of the NDA.
Public Interest Consideration: New York courts may consider the public interest in criminal cases. If the information covered by the NDA is deemed to be of significant public interest, particularly in matters involving public safety or government accountability, the court may lean towards disclosure despite the existence of the NDA.
Waiver of NDA Terms: If one party to the NDA voluntarily waives its terms or discloses information covered by the agreement to law enforcement as part of a criminal investigation or prosecution, the NDA’s effectiveness may be compromised in New York courts.
Exceptions and Legal Requirements: Some NDAs contain exceptions for disclosures required by law or court order. If the information covered by the NDA becomes subject to such requirements due to criminal proceedings in New York, the NDA may not prevent disclosure.
Separation of Proceedings: In New York, civil and criminal proceedings may proceed separately. If the information covered by the NDA is not central to the criminal case or if the civil case proceeds independently of the criminal matter, the NDA may still be effective in the civil context.
It’s important to note that New York’s laws and legal interpretations can be nuanced, and the outcome may vary based on specific circumstances.Â
