Invention of the Year

Yesterday I received a draft non-disclosure agreement (NDA) from SolarCity (I can name them because as you will see, it won’t be signed).

This NDA contained a very unusual clause stating that the recipient couldn’t have any of the disclosing party’s confidential information (as incorporated into patents) ever used against the receiving party as part of a patent enforcement by the disclosing party.

This is effectively a free Covenant Not To Sue (CNTS), aptly named in this case.

Which got me to thinking that the VERY best form of marriage pre-nuptial agreement would be a CNTS after separation, with prescribed damages equal to the former couple’s entire combined wealth at the time.

This would force all financial negotiations to a mediated version of common law standards. And it wouldn’t be that divisive to sign before a marriage.