Continuing Legal Education

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
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Program Speaker:
Keith J. Berets
, Cooley, LLP, Colorado



Keith J. Berets is a partner in the Broomfield, Colorado office of Cooley, LLP, where his practice focuses on transactions involving the acquisition, development and commercialization of technology.  He counsels clients on, and crafted and negotiated agreements involving outsourcing, consulting, licensing, distribution, development and e-commerce.  He also counsels clients on the intellectual property aspects of mergers, acquisitions, and financings.  Mr. Berets received a BA from Pomona College and his J.D., cum laude, from the University of Wisconsin Law School.