TELESEMINAR: Drafting Confidentiality and Non-Disclosure Agreements – A National Perspective
March 14, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours
Confidentiality and nondisclosure agreements (or provisions in larger agreements) are commonplace in transactional practice, often intended to preserve the integrity of the diligence process, protect terms of a major business or real estate deal, protect trade secrets or shield the terms of a settlement. These agreements have a logic all their own, including concerns about enforceability, economics and practical workability. If they are not thoughtfully designed and carefully drafted, they can easily fail on their own terms and damage the larger transaction. This program will provide you with a drafting guide to the most important provisions of confidentiality and nondisclosure agreements, including types of agreements, practical enforceability, liquidated damages and other forms of relief, and special intellectual property considerations.
- Drafting the essential provisions of confidentiality and nondisclosure agreements in transactions and in hiring new employees
- Mutual v. unilateral agreements
- What types of information are as a practical matter protectable – and which are not
- Issues related to practically detecting disclosure of protected information
- Liquidated damages, injunctions and other forms of relief
- Special intellectual property considerations
- Timing and use of confidentiality and nondisclosure agreements
Keith J. Berets, Cooley, LLP, Colorado