Because technology makes it simple to copy and disseminate large volumes of information electronically, businesses today have more reason than ever to protect their trade secrets and their confidential information, including customer lists and other strategic data and practices. As a result, confidentiality agreements are common both in employment contracts and in situations where two business entities are working together. Sometimes confidentiality agreements appear as a single clause within a contract. Other times, they are separate contracts in and of themselves. Though common, the terms of confidentiality agreements vary greatly. Unfortunately, many individuals and businesses do not truly understand the importance of these agreements—and the importance of the definitions used in them—until there is a contractual dispute.
A well-drafted confidentiality agreement is key in order to avoid unnecessary litigation and to ensure both parties to a contract have an understanding of the expectations and limitations involved in utilizing confidential information. The best approach is for both parties to have experienced counsel involved before the signing of the contract. One of the parties’ attorneys will be responsible for drafting the proposed contract. The other party’s attorney then will analyze the proposed contract from his or her client’s perspective and will suggest changes to the contract which will make it more favorable for that party. Once the terms and definitions are satisfactory to both parties, they can enter into a meaningful agreement and hopefully enjoy a long-lasting and cordial business relationship.
Sometimes contractual disputes arise despite the parties’ best efforts. In those situations, it is critical to retain experienced attorneys. When faced with litigation or arbitration, your attorney will explain to you what the claims are, how strong your position is, and the different strategies for approaching the problem. Your attorneys will present you with various options that will allow you to make decisions based upon your individualized situation and needs.
The attorneys at Chapman Law Group have years of experience in reviewing and interpreting confidentiality agreements and clauses. We are familiar with the applicable legal standards for interpreting contractual provisions under state law. In hiring Chapman Law Group to draft or analyze your confidentiality agreement, you can be sure your attorney will perform a timely and thorough review that considers all of the latest legal developments. You also can be certain your attorney will answer all of your questions and equip you with all of the information you need to make the right decisions for your situation.