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Blog Bite: Can an employment agreement supersede a confidentiality agreement?

This article posted to our partner site Mondaq.com discusses a case where an employment agreement superseded a confidentiality agreement. Because there was no integration (or "entire agreement") c...

Blog Bite: What happens if the counterparty or its representatives breach confidentilaity?

This article posted to our partner site Mondaq.com discusses the aftermath of a breach of confidentiality in an NDA and how to allocate liability for both the immediate counterparty and their repr...

Blog Bite: What are the dangers of broad confidentiality agreements?

This article posted to our partner site Mondaq.com deals with a tragic instance where a confidentiality agreement by a pharmaceutical company was unenforceable on the grounds of being too broad. W...

Blog Bite: How will business privacy be affected by the GDPR?

This article posted to our partner site Mondaq.com points out key confidentiality changes that will affect US companies that trade with the EU caused by the GDPR. Major concepts to oint out from t...

Blog Bite: How effective are “attorney’s eyes only” provisions in a confidentiality agreement?

This article posted to our partner site Mondaq.com discusses reasons to avoid using "attorney eyes only" provisions in confidentiality agreements because of their ability to leave the client in th...

Blog Bite: Is obtaining a confidentiality agreement enough to protect your ideas?

This article posted to our partner site Mondaq.com discusses a case wherein a product designer's confidentiality agreement with a manufacturer was deemed to be unenforceable when they sued the man...

Blog Bite: Can a Facebook post lead to a breach of confidentiality?

This article posted to our partner site Mondaq.com deals with an ex-employee breaching confidentiality by informing his daugther of the outcome of a settlement agreement (prohibited by the NDA) wh...

Blog bite: what is the importance of the way confidentiality agreements are phrased?

This article posted to our partner site Mondaq.com highlights that language matters - variance in the way provisions are termed can significantly impact your ability to execute the agreement. ...

Blog bite: what is the importance of a strong non-compete and confidentiality agreement?

This article posted to our partner site Mondaq.com explains that weak confidentiality agreements may cause risk to companies that could be avoided, but it must be drafted properly to be enforceabl...

Blog bite: what circumstances impact the scope of confidentiality provisions in settlement of business disputes?

  This article posted to our partner site Mondaq.com explains that confidentiality agreements are important in the context of business disputes to protect the privacy of the parties involv...

Blog bite: what is the value of a confidentiality agreement when there is a breach of fiduciary duty?

This article posted to our partner site Mondaq.com explains that sometimes the contract alone is not always sufficient; the information must be truly confidential and the parties must demonstrate ...

Blog bite: what pre-M&A agreements are available for cross-border business relations?

This article posted to our partner site Mondaq.com expands on confidentiality agreements, standstill agreements and letters of intent as they are used during mergers and acquisitions. In recent ye...

Blog bite: how can a confidentiality clause mitigate the risk of hiring third-party consultants?

This article posted to our partner site Mondaq.com highlights the importance of a strong confidentiality agreement to manage reporting obligations that a consultant entrusted with confidential inf...

Blog bite: what is the importance of confidentiality agreements and letters of intent?

  This article posted to our partner site Mondaq.com deals with the basic functions of confidentiality agreements (and letters of intent) as they are used in the course of acquiring a busi...

What is the difference between a confidential disclosure agreement (CDA) and a non-disclosure agreement (NDA)?

A number of agreements can contain the same clauses to protect certain information but still have different agreement names. For example, a software development agreement can also be known as a ...

Does the improper disclosure of confidential information always result in damages?

MISUSE OF CONFIDENTIAL INFORMATION DID NOT RESULT IN DAMAGES Edac Inc. v. Tullo 1999 CanLII 14868 (ON SC) Before resigning from his senior management employment position with the plaintiff, an e...

Why is it important to give notice of disclosure required by law?

EXPERT WITNESS DISQUALIFIED DUE TO CONFIDENTIALITY OBLIGATIONS TO OTHER PARTY Abbott Laboratories v. Canada (Minister of Health) 2006 FC 76 (CanLII) A motion to retain a proposed expert was dism...

Overview of Non-Disclosure Agreement/Confidentiality Agreement

Overview of Non-Disclosure Agreement/Confidentiality Agreement   What is this document?   An NDA is a non-disclosure agreement, also known as a confidentiality agreement. The per...

Blog Bite: Are the private communications between an owner and a contractor protected under a common interest agreement?

This article posted on our partner site Mondaq.com reveals the limited applicability of the common interest doctrine, which protects parties' express agreement to shield their communications (i.e., ...

What is the maximum term of an NDA if it is not mentioned in the contract?

Casey Marshall / Flickr  When signing a non-disclosure agreement, the benefits of including a term clause (i.e., end of the contractual obligations) depend on whether you are more li...

Emailgate: How an NDA is Affecting the Presidential Election

  About a week ago, the Federal Bureau of Investigation announced that it would not be pressing charges against Hillary Clinton for her use of a personal email during her tenure as S...

The Scope of your Confidential Information: Too Broad, Too Narrow, or Just Right?

For drafters of asset or share purchase agreements, it's useful to think about the effects of the representations you are making. In our office, and no doubt in many others, the non-d...

NDA before Negotiations! Otherwise, Risk a Leak of Confidential Information

A party that allowed access to its confidential designs but took no action to protect themselves beyond signing a confidentiality agreement with the company, lost their dispute. This art...

Confidential Information & Name For Your Product

Allowing a provision under Toxic Chemical Substances Act to remain intact, allows manufacturers to use a generic name when publicly disclosing an industrial chemical they produce rather than...

When a Confidentiality Agreement Isn’t Enough…

When determining how to protect specific confidential information, it is important to consider whether the terms of the confidentiality agreement offer at least the level of protection available...
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