One of the ways that employers will try to control what employees and executives talk about is through non-disclosure agreements. These are agreements that you sign when you start working that state that you are not to divulge any sensitive information or secrets. Breaking this agreement can lead to termination, fines, and being sued for damages.
More employers are using non-disclosure agreements as a tool to control you. A recent study by Harvard University found that one-third of all employees and managers are bound by these agreements.
The Basics of a Non-disclosure Agreement
A non-disclosure agreement is a contract between your employer and you. You both agree to talk about sensitive work-related information on the job but nowhere else. Employers use these agreements to prevent employees from talking about innovations and to protect their intellectual property rights.
For example, when Apple is developing a new smartphone, it uses non-disclosure agreements to prevent employees and contractors from talking about it. Everyone must communicate certain information with each other, supervisors, and management. Anything beyond this point could cause significant damage to the company in lost profits, research, and development costs.
Non-disclosure agreements are what employers use to protect their most sensitive information. Employers use these agreements as a necessary tool that prevents the company from losing its competitive edge.
The Weisblatt Law Firm handles cases involving non-disclosure agreements. We have decades of experience and will help you to understand your options when it comes to these agreements.
What Should Be in A Non-disclosure Agreement?
All non-disclosure agreements should be written by a licensed attorney. To be considered legal, these agreements should contain a number of elements:
- The parties in the agreement
- The information must be classified as confidential.
- The degree to which the receiving party must keep the information confidential
- The timeframe for the agreement
- All information excluded from the agreement.
All these elements must be present for the non-disclosure agreement to be legally binding. A licensed attorney should write the agreement to ensure it complies with all state laws.
We recommend visiting with a non-disclosure agreement lawyer at the Weisblatt Law Firm. You will speak with a skilled attorney that will go over the agreement and lay out your different options. Our team of lawyers has decades of experience and we have worked on hundreds of these cases.
Key Elements of a Non-disclosure Agreement
All non-disclosure agreements will contain key elements that include the following:
- A description of confidential information: Non-disclosure agreements are confidential in nature. This means that information cannot be released by either party of the agreement.
- Requirements and obligations of each party: This section lists the obligations of all parties. The party receiving the information is required to protect its confidentiality. Steps must be taken to limit access to unauthorized parties. Failing to follow this provision gives the other party the option to sue for damages.
- Exclusions: This clause lists those times when confidential information can be passed onto a third party such as a servicer. The recipients are not held liable when disclosing information in these situations.
- Terms of the agreement: All of the terms and conditions of the agreement must be clear. It should state how long both parties are bound by the agreement.
- Consequences: The agreement must spell out the consequences for failing to follow it. These could include termination of employment, liquidated damages, attorney fees, and the costs for breaking the agreement. You also have the option of seeking out injunctive relief. This is when you are using the legal system to shape the behavior of the person releasing the information.
All these elements are inside every non-disclosure agreement.
The Weisblatt Law Firm handles non-disclosure agreements all the time. We give you practical legal advice that you can use. Contact us now at (713) 666-1981 to schedule a free phone consultation with a skilled attorney.
What Are the Types of Non-disclosure Agreements?
All non-disclosure agreements fall into one of three types.
- Unilateral: These are one-way agreements that require the person receiving the information not to disclose anything. Some of the most common unilateral agreements include employer-employee, company-contractor, inventor-evaluator, and seller-buyer agreements.
- Bilateral: This is when both parties are required to limit their disclosure of confidential information to third parties. These agreements are used in corporate takeovers, mergers, acquisitions, and joint ventures.
- Multilateral: This is when three or more parties agree not to disclose confidential information. These are common in complex deals such as multiparty confidentiality agreements.
All non-disclosure agreements will be one of these three types.
The Weisblatt Law Firm has skilled attorneys that work on all kinds of non-disclosure agreements. We have decades of experience and will give you objective advice you can use. Contact us today at (713) 666-1981 to schedule your free phone consultation with a non-disclosure agreement lawyer.
Get The Help You Need Now!
Non-disclosure agreements are tricky and require a full understanding of your responsibilities. The skilled attorneys at the Weisblatt Law Firm can help you with writing and knowing your obligations. We will lay out your different options and help you to find the solutions that work for you.
Contact us now to schedule your free phone consultation with an attorney. You are under no obligation and all calls are confidential. We have five-star reviews from our clients and will put our knowledge to work for you. We are dedicated to our clients and will always go the extra mile for you. Contact us now at (713) 666-1981 to get the help you need with your non-disclosure agreement.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
