[NDA]'Non-Solicit' Clause : No

[NDA]'Non-Solicit' Clause : No

You get an NDA to sign from Big Corp. You see a 'non-solicit' which prevents you from poaching employees from them. Is this clause standard in NDAs?

There may be circumstances that a non-solicit clause may be needed, but just purely based on data, most NDAs do not have them.

Non-solicit clause : no

According to a blog post from Super Legal AI, only 12% of NDAs have these clause. They even say that deleting them is "critical to maintaining ordinary course of business". (2022)

But interestingly, older sources (posts and article) say that non-solicit clauses are common.

non-solicitation clauses are often included in NDAs during early discussions about potential transactions - Practical Law (2016)

and the Business Law Center on Westlaw, published data showing that 78% (Mutual NDAs) to 88% (Unilateral NDAs) have non-solicit clauses. (NDAs from 2014-2018).

So, it seems like with the change of time, non-solicit clauses usage may have changed from common to uncommon.