This article posted on our partner site explains why employers should include confidentiality clauses in their consulting agreements, and how to properly draft confidentiality clauses. The author discusses a recent case where the defendant’s liability could have been avoided if a particular consulting agreement contained a confidentiality clause. If the clause had been included, it is likely that the testimony of an expert witness would not have been permitted. The author suggests that confidentiality clauses should accommodate the consultant’s need to communicate with government agencies, while preserving a company’s desire to maximize confidentiality and maintain control over any communications.

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