News & Analysis as of

Non-Disclosure Agreement Contract Drafting

Potomac Law Group, PLLC

The Devil's in the Definitions

One of the big differences between how most non-lawyers read a contract, and how most experienced transactional lawyers read a contract, has to do with the definitions....more

Winstead PC

Key Considerations in Review of NDAs as a Buyer

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When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more

Goodwin

Can Generative AI Already Do Basic Legal Tasks as Well as Lawyers?

Goodwin on

Generative AI is a hot topic of conversation in every industry, including law. Indeed, industry analysts and commentators have argued that generative AI will soon be able to do much of the work that is typically done by...more

Morgan Lewis - Tech & Sourcing

IP and Commercial Contract Litigation Developments and Trends: What Transactional Lawyers Should Know

As part of our Spotlight series, we invited litigation partners Dana E. Becker (Philadelphia), Shon Lo (Chicago), and Krista Vink Venegas, Ph.D. (Chicago), to talk about recent trends and issues in IP-related and other...more

Fitch, Even, Tabin & Flannery LLP

[Webinar] Full Disclosure About Non-Disclosure Agreements - January 31st, 9:00 am - 10:00 am PST

Non-disclosure agreements (NDA) are often perceived as the simplest and easiest of agreements. Many practitioners have their one favorite form and observe a “one size fits all” approach to its use. NDA’s, however, serve to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Appellate Division Declares Nondisparagement Provisions Valid Under State Law

In a decision that may be useful to employers drafting severance and litigation settlement agreements in New Jersey, a panel of the New Jersey Appellate Division found that provisions requiring parties not to disparage one...more

Lowndes

Non-disclosure agreements: A word to the wise to entrepreneurs

Lowndes on

​​​​​​​As a startup, one of the most exciting moments in your company’s growth is receiving a proposal from a large strategic or market player who wants to engage in a technical interchange in support of a potential business...more

Kilpatrick

Pitfalls To Avoid When Drafting And Enforcing NDAs

Kilpatrick on

Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific...more

Morgan Lewis - Tech & Sourcing

Cracks in the Confidentiality Exception Boilerplate

Exceptions to confidentiality obligations are largely standardized, but in some contracts a copy-and-paste approach could, at best, lead to uncertainty and, at worst, undermine key aims of the transaction. ...more

Sunstein LLP

Businesses Beware: Don’t Restrain Former Employees by Exaggerating Your Trade Secret Claims

Sunstein LLP on

The First Circuit seldom delivers opinions on trade secret claims, so employers should pay extra-close attention to the lessons to be learned from the court’s recent decision in TLS Management v. Rodríguez-Toledo...more

Foley & Lardner LLP

Two Can Keep a Secret… If the Contract Holds Up: How to Use Non-Disclosure Covenants in the #MeToo Era

Foley & Lardner LLP on

The non-disclosure provision of a routine employment settlement agreement has typically been a common and easily agreed-upon term of resolution.  These provisions—where the employer and employee agree not to publicly discuss...more

BakerHostetler

[Event] Enforcing Restrictive Covenants: What You Need to Know Now to Protect Your Business Under Colorado Law- June 6th, Denver,...

BakerHostetler on

Savvy employers understand and use restrictive covenants, particularly noncompete and nonsolicitation agreements, as part of a strategy to protect their businesses. However, these agreements are good only if they are...more

WilmerHale

In Case You Missed It: Launch Links - December, 2017 #4

WilmerHale on

Some interesting links we found across the web this week: First Positioning is as Important to Your Startup as First Impressions are to Your Career - Pivots are common and dexterity is a must, but first positioning for...more

Smith Anderson

Sons of Cyberlock: Recent Decisions Underscore Challenges in Drafting Enforceable Federal Contracting Teaming Agreements

Smith Anderson on

Teammates pursuing federal contracts should draft their teaming agreements with care to avoid unintended consequences. The Pitfalls of Non-Specific Teaming Agreements - Among other issues, teammates cannot...more

Fisher Phillips

New Federal Trade Secret Statute Requires Important Updates To Contracts And Policies

Fisher Phillips on

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover...more

BCLP

Defend Trade Secrets Act Signing Means It May Be Time to Update Form Agreements

BCLP on

President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”) on May 11, 2016. With his signature, your company’s standard employee intellectual property agreements, third party non-disclosure agreements and other...more

Fisher Phillips

Twas the Night Before Christmas -- Non-Compete Style

Fisher Phillips on

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

Epstein Becker & Green

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

Epstein Becker & Green on

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Morgan Lewis

UK High Court Revisits Issue of Where a Contract Is Formed

Morgan Lewis on

Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of...more

Jackson Walker

Confidentiality Agreements: How To Draft Them And What They Restrict

Jackson Walker on

I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

Winstead PC

It’s Critical to Protect Your Proprietary Information

Winstead PC on

Lawsuits against employees and contractors, including consultants, for unauthorized use of a company’s confidential and proprietary information are common. For instance, on July 29, Abunassar Impact Basketball LLC filed suit...more

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