Corporate
Jun. 27, 2013
What happens to your trade secrets when the NDA expires?
While the term of the NDA is often heavily negotiated and is important, focusing attention on the term of the NDA may divert attention from an important related issue. By John A. St. Clair
Your business, Company Inc., has taken all reasonable actions to maintain the confidentiality of its trade secrets, has documented their value where appropriate, and requires other companies to which its trade secrets are disclosed to sign a confidentiality and nondisclosure agreement. Is Company protected against misuse or wrongful disclosure of the trade secrets? Not necessarily. Consider this example of an NDA not protecting Company's...
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