I'm taking that your are a "legal professional" at face value now. The reason i say that people who have not taken an nda agreement in breach is because of a very persuasive argument from a so called "lawyers" blog. The argument claims (i'm going to have to paraphrase) "That by signing an NDA agreement you are given the rights to view and use the information as set out by the contract. If you have not signed an NDA agreement you have no Legal right to view or use the information protected by an NDA." Now, I'm not a lawyer, But it seems pretty reasonable that a lawyer could ague that in court.