Confidential information notes
(See sample clauses)
Confidentiality provisions are used in many agreements, including standalone nondisclosure agreements. The pages listed below discuss some of the issues that can come up in negotiating such provisions.
- Affiliate confidential information – protected or not?
- Disclosure periods in NDAs – how long?
- Exclusions from confidential-information status
- Marking of confidential information
- Presumptions of confidentiality – pros and cons
- Protected information – points to consider
- Protecting confidential information: Lock it up; label it; ’safe sex’
- Reporting obligation for the receiving party
- Residual rights in confidential information
- Return or destruction of confidential information
- Subpoenas, SEC filings, and confidential information
- Time limit (’sunset’) for confidentiality obligations
- Whose confidential information should be protected?
Additional reading: For an excellent overview of nondisclosure agreements, see What is important in a confidentiality agreement or non-disclosure agreement (NDA)? [link], by Wilson Sonsini partner Yoichiro (“Yokum”) Taku.
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