Posts tagged nondisclosure agreements

Confidentiality agreements, intellectual property, NDA, nondisclosure agreements, standards, trade secrets, uniform trade secrets act, UTSA

NDAs: Worth the Effort?

By W. Scott Blackmer on November 16, 2009

In business or technical discussions with potential investors, customers, suppliers, licensors, franchisees, or joint venture partners, it is often very difficult to determine how much needs to be disclosed and exactly who "owns" which information and ideas. Were the parties just brainstorming? Did they independently develop a similar approach to a problem? Litigation over NDAs can be costly, public, and ultimately unsatisfactory to the party claiming a breach, especially if it is hard to prove the intended scope of the agreement and the actual source of information. When is it worthwhile using NDAs, and how can they be made more effective?