2020 Just Between Us: Drafting Effective Confidentiality & Non-Disclosure Agreements Audio Replay

Originally presented on May 29, 2019.

Many business transactions, employment agreements, and litigation settlement agreements rest on the bedrock of the parties agreeing to keep confidential the terms of the underlying agreement.  These agreements, sometimes considered extended exercises in boilerplate, are more properly a complex array of terms defining what’s confidential, what’s not, what constitutes a breach, and how long confidentiality must be maintained.  As importantly, these agreements are not self-executing.  How a contractual breach is redressed – damages and injunctive relief – must also be carefully considered to enhance practical enforceability.  This program will provide you with a practical guide to drafting confidentiality and nondisclosure agreements in a range of settings to enhance effectiveness and enforceability.

• Framework of law governing enforceability 
• Defining the scope of confidential information – and what’s not confidential 
• Key terms – persons covered, duration of confidentiality, forms of breach, damages
• Practical enforceability – what can be done at the drafting stage?
• Common traps that lead to unenforceability

Speaker: Shannon M. Bell, Kelly & Walker, LLC