This is reflected in the Linklaters article Execution of Documents: Five Common Questions Answered , which offers the following advice for in-house lawyers: In the US, however, there seems to be have been much more consideration of the issue at least according to my Google search results. Despite recent controversies surrounding the backdating of executive stock options , the general attitude in the US is that backdating is not wrong or right , per se. Rather, it is the use of the backdated documents by the parties or their counsel that may violate the law.
Emerson, Lake and Palmer
Thermos L.L.C. - Wikipedia
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Ante-dating of promotion of Scientists on the direction of CATS/High Courts - DoPT OM
Some contracts clearly specify their effective date. If a contract does not specify its effective date, it goes into effect on the date it was signed by the person to whom the contract was offered for a signature. Either is acceptable, provided that both you and the other party intended it. To be clear, having a later effective date does not mean that the contract will not be binding until that later date.
There are ways, however, to ensure that past disclosures remain confidential and then preserve that confidentiality moving forward. Like I said, though, this is tricky business. The situation should be approached professionally and there will need to be something in it for the other party.