Business intermediary’s mistake in the NDA that it signed with the Buyer (on behalf of the Seller) is not actionable by the Seller against the Buyer.

In Protégé Biomedical, LLC v. Duff & Phelps Securities, LLC, et al., the business seller disclosed confidential information on a telephone call with a prospective buyer. Instead of purchasing the seller's business, the prospective buyer used the seller's confidential information to create its own competing product.

Background:
The seller...

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