June 11, 2018This article posted to our partner site Mondaq.com reminds readers that third parties (in this case, affiliates or representatives of the receiving party) are not bound by the contract signed by the by the disclosing and receiving parties.
June 11, 2018This article highlights the importance of correctly defining 'confidential information,' as well as following that definition as the organization does business moving forward.
June 11, 2018The article explains the use of Confidentiality Agreements to protect a business from the theft of their trade secrets, as well as their patents.
June 11, 2018This article is all about the NDA and covers all the general information about NDAs; including what it is, why use it, when to use it, and how you use it.
June 11, 2018This article discusses how, within the context of whistleblowing, an employer's confidentiality agreement with an employee might be unenforceable.
June 11, 2018This article discusses how to effectively use a confidentiality agreement when selling your company in order to protect sensitive information about your company from leaking to competitors.
June 11, 2018This article tells us that a confidentiality agreement can not impair an individual’s ability to communicate with the commission staff about a violation (whistleblowing).
June 11, 2018This article discusses how a confidentiality agreement may continue to carry over beyond the initial agreement into subsequent agreements.
June 11, 2018This article cautions against reflexively signing a confidentiality agreement - there are many potential downsides to blindly signing any agreement.
June 11, 2018This article discusses the American civil case of Martin v Vulcan and how standstill provisions should be incorporated into confidentiality agreements to prevent one company pursuing a hostile takeover.
June 11, 2018This article provides insight on the SEC (Securities and Exchange Commission) and the fact that employers are not allowed to notify employees or prepare them in any way for inspections and checks as this would impede the Commissions investigations.
June 11, 2018This 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 representatives.
June 11, 2018This 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.
June 11, 2018This 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.
June 11, 2018This article posted to our partner site Mondaq.com discusses reasons to avoid using "attorney's eyes only" provisions in confidentiality agreements.
June 11, 2018This 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 manufacturer for releasing an almost identical product.
June 11, 2018This article posted to our partner site Mondaq.com deals with an ex-employee breaching confidentiality by informing his daughter of the outcome of a settlement agreement (prohibited by the NDA).
June 11, 2018This 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.
June 11, 2018This 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 enforceable by court.
June 11, 2018This 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 involved.
June 11, 2018This 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 efforts.
June 11, 2018This 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.
June 11, 2018This 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 information may have to third parties.
June 11, 2018This 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 business.
July 17, 2017Links from this article: This article highlights the key differences between a confidential disclosure agreement (CDA) and a non-disclosure agreement (NDA).
June 01, 2017In this case, the court implied that even though the defendants (who had been principals in the company) had obtained access to emails through the administrator's password of the company's email account, the emails had not lost their confidential nature.
June 01, 2017This article looks into the Edac Inc. v. Tullo case to determine whether the improper disclosure of confidential information always results in damages.
June 01, 2017Drafters need to ensure that confidentiality agreements entered into with experts require the expert to give notice to the disclosing party if the expert may be called upon to give expert evidence in a proceeding.
April 06, 2017Overview of Non-Disclosure Agreement/Confidentiality Agreement
What is this document?
An NDA is a non-disclosure agreement, also known as a confidentiality agreement. The person receiving conf...
March 23, 2017This 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.
January 13, 2017When 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 disclosing or receiving confidential information.
September 09, 2016When 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 this article, we describe four simple steps to follow to make sure that your interests are protected when negotiating an agreement.
June 14, 2016This article discusses the case nClosures Inc. v. Block and Co. and the risks of not signing a confidentiality agreement before entering into negotiations.
May 10, 2016Every 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.
April 29, 2016Most readers understand that the Panama Papers exposes problematic tax havens and the users of such havens. However, the Panama Papers also expose a complex set of issues rolled into one big overwhelming story.
September 19, 2015A good settlement agreement should clearly defines 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 arising out of a particular agreement or set of circumstances.
April 22, 2015This article posted on our partner site Mondaq.com discusses the changing regulations after a federal statute was enacted that prohibited federal funds to go to corporations who had confidentiality agreements which prevented the employees from reporting fraud, waste, or abuse to agencies.
November 10, 2014This month Home Depot announced that it was hacked and that 56 million credit card accounts were compromised, and that around 53 million customer email addresses were stolen as well. This articles discusses how hackers could have breached security and a suggested security protocol that a company and its data security team should consider.
September 09, 2014This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering to enter a joint venture agreement viz. non-competition, confidentiality, liquidation clauses and defining the scope of the business opportunities.
September 30, 2013In this article, we describe four (4) simple steps to follow to make sure that your interests are protected when drafting a term sheet.
April 22, 2013This article posted on our partner site Mondaq.com explains why employers should include confidentiality clauses in their consulting agreements, and how to properly draft confidentiality clauses.