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Can I be personally bound if I execute an agreement on behalf of my company?

‘CONFIDENTIALITY AGREEMENT’ BETWEEN TWO CORPORATIONS FOUND TO BE PERSONALLY BINDING ON AN INDEPENDENT CONTRACTOR Downey v. Ecore International Inc. 2011 ONSC 6617 (CanLII) A confidentiality ...

Why is it important for public bodies to establish the confidentiality of their information in a contract?

DVD TREATED AS CONFIDENTIAL INFORMATION Order F2014-15 2014 CanLII 12116 (AB OIPC) An applicant who had been unsuccessful in obtaining employment with the city of Calgary requested access to a D...

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 likely to be...

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?

In our office, and no doubt in many others, the non-disclosure agreement (NDA) is considered a stepping stone into the world of contracts because of their straightforwardness. The purpose of an NDA is...

Balancing Privacy and Law Enforcement: Apple vs. FBI

Every system of government must balance individual privacy and rights, against state control. Where the lines are drawn determines what type of society we live in. One the one hand, the more we protec...

The Panama Papers – What's Tech Got to Do With It?

A few weeks ago we witnessed the biggest leak of data to date. The Panama Papers, a leak by the International Consortium of Investigative Journalists (ICIJ) of copies of over 11.5 million legal and...

Survival Gear: Making the Confidentiality Clause a ‘Survivor’ of the Employment Contract

The Jungle For most of us, the toughest ‘jungle’ we will have to learn to survive in is the world of employment. Most of us will not win a $1 million prize by being crowned the Sole Survivor on...

Settlement Agreement Must Clearly Describe the Claims Covered by the Agreement

A good settlement agreement should clearly define the effect the agreement will have on future and current claims, and whether it applies to all claims between the parties, or only those claims arisin...

The Importance of Keeping your Agreements Confidential

Information about any cell phone monitoring equipment used by local police must be safeguarded for matters of national security. Confidential information would have to be very closely safeguarded beca...

Confidentiality: Duties of Your Independent Contractors

The article discusses a recent case out of Massachusetts which held that, as a matter of law, in the absence of a confidentiality agreement (or a formal confidentiality policy), an independent contrac...

Inter-lapping Business Documents and Employees’ Private Property

The article discusses an employee's general duty of confidentiality to an employer. Although there are some circumstances where there is an implied duty of confidentiality, it is better that the emplo...

Third Party Experts Should Enter Into Consulting Agreements Which Include Robust Confidentiality and IP Transfer Provisions

This article notes that people "in the renewable energy and clean technology fields regularly need to speak with others outside their company for solutions to ongoing research and development problems...
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