6 NDA – Requisite Questions for In-House Counsel

Any business that hires employees or works with contractors and business partners will inevitably need to exchange proprietary information in order to carry out business.  Non-disclosure agreements, or NDAs, can help ensure this information is protected and not used against you. Regardless of the type of NDA used, effective ones should do the following:

• Identify the parties bound to the agreement.
• Define which information should be considered confidential and which should be excluded.
• Describe how parties receiving confidential information should use and protect it.
• Include terms covering the expiration of the NDA and procedures for returning classified information to the sender.
• Describe the remedies that could result from breaching the NDA.

Here are six key NDA drafting and litigation considerations for organizations working with partners domestically and overseas:

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