Insights
From the team.
1158 articles on contract law, deals, policy and legal technology, including the full Clausehound and DealPrep blog archives.
Blog Bite: As an employee, when can you disregard an NDA?
This article discusses how, within the context of whistleblowing, an employer's confidentiality agreement with an employee might be unenforceable.
Blog Bite: What information should be put on a confidentiality agreement?
This article discusses the Scott & Associates Engineering Ltd. v. Finavera Renewables Inc.
Blog Bite: Should you use a confidentiality agreement when selling your company? Why?
This 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.
Blog Bite: Does a confidentiality agreement impair your ability to whistleblow for non-compliance?
This article tells us that a confidentiality agreement can not impair an individual’s ability to communicate with the commission staff about a violation (whistleblowing).
Blog Bite: Do confidentiality agreements survive the termination of the underlying agreement?
This article discusses how a confidentiality agreement may continue to carry over beyond the initial agreement into subsequent agreements.
Blog Bite: What are some steps I should take before signing a confidentiality agreement?
This article cautions against reflexively signing a confidentiality agreement - there are many potential downsides to blindly signing any agreement.
Blog Bite: How are standstill provisions useful for hostile takeovers and confidentiality agreements?
This 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.
Blog Bite: What are NDAs?
This article provides a comprehensive introduction to NDAs and answers common questions that businesses may be interested in.
Blog Bite: How can a confidentiality agreement tie into a non-compete?
This article suggests how employers could protect confidential information that may be disclosed by employees who join their competitors.
Blog Bite: Can employers prepare their employees for SEC checks in the US?
This 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...
Blog Bite: What is a confidentiality agreement?
This article provides a section-by-section checklist on what should be contemplated within a confidentiality agreement.
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.
Blog Bite: What happens if the counterparty or its representatives breach confidentiality?
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 representatives....
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.
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.
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's eyes only" provisions in confidentiality agreements.
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 manufacturer for releasing...
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 daughter of the outcome of a settlement agreement (prohibited by the NDA).
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 enforceable by...
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 involved.
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 efforts.
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.
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 information may have to third parties....