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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This article posted to our partner site Mondaq.com discusses a case where an employment agreement superseded a confidentiality agreement.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 ...

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 ...

Can emails be considered confidential information, and therefore can come under the obligation to return or destroy?

COURT ORDERS DELETION OF CONFIDENTIAL EMAILS Pakage Apparel Inc. v. Ellis 2014 BCSC 884 (CanLII) In this case, the court implied that even though the defendants (who had been principals in the c...

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 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...

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...

Legal Tips & Tricks: Negotiating an Agreement should Start with a Blank Page

When entering into an important contract, take the time to discuss with your business partners, advisors and legal counsel, to make sure that you are clear about your opportunities and risks.  In thi...

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...
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