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6 NDA – Requisite Questions for In-House Counsel

January 30, 2019

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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