One of my contractors resides in India. We have an existing Work For Hire & NDA, but I’m unsure if they’re enforceable. How can I go about setting it up correctly?

Answered by Attorney Dan Roberts.

You can have contracts with foreigners – not a problem. Though, technically, if they owe you something it can be difficult to enforce the contract. But with a Work For Hire, the main things you look for like IP Assignment and Confidentiality will be binding and since enforcement doesn’t require them to be present, it works fine.

If you pay your international contractor but he doesn’t deliver, it is difficult to enforce delivery of work product. That is the risk with an international contractor.

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