Back dating contract software issues
This struck me as wrong for the reasons you raised in the retroactivity or back-dating situations.
I personally saw nothing wrong with creating an amendment that revived the dead contract I agree with Vance.
For example, it might adversely affect a party’s claim against a nonparty to rights in something or other.
There may have been post-termination obligations under the old one, or special provisions for transactions that happened between the date the old one lapsed and the new one (or the amendment) takes effect, that the new document handles.
In one such recent instance, the counter-party questioned whether it was possible to do this, and proffered instead a recital that the old agreement had continued with a new expiration date.
It seems to me that it might be legal (assuming that I as the employee were willing to sign it) because as an employee I'd assume that some NDA was in place even if haven't signed one (so it's as if the agreement or meeting of minds was in place even before it was documented).
On the other hand it also appears to be creating a false document, so, I don't know.