Are confidentiality agreements discoverable?
Are confidentiality agreements discoverable?
Confidentiality agreements have become commonplace in commercial litigation. Courts have reasoned that confidentiality agreements as private contracts between litigants have no bearing on the discovery process and could not alone be the basis of a motion for protective order precluding production.
When was the confidentiality and non-disclosure agreement signed?
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT This Confidentiality and Non-disclosure Agreement (the “Agreement”) is made and entered into effective as of September 10, 2008, by and between Hifn, Inc. (the “Company”), and Exar Corporation (“Exar”).
Who are the parties to the confidentiality agreement?
In no event shall either party or its affiliates or any of their respective directors, officers, employees, agents or representatives (including, without limitation, RBCCM) have any liability to other party relating to or arising out of any use of the Confidential Information in accordance with this Agreement.
When to disclose confidential information in a NDA?
Be very careful that you don’t disclose confidential information prior to the Receiving Party signing the NDA officially. Otherwise, you make disclosures at your peril because the Receiving Party could argue that he or she had not agreed to confidentiality of any information disclosed prior to signing the NDA.
Are there any representations or warranties in the confidentiality agreement?
5. No Representations or Warranties. The Confidential Information is being provided under this Agreement “as is” and without any representation or warranty of any kind, either express or implied, regarding the accuracy or completeness or other quality of the Confidential Information.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT This Confidentiality and Non-disclosure Agreement (the “Agreement”) is made and entered into effective as of September 10, 2008, by and between Hifn, Inc. (the “Company”), and Exar Corporation (“Exar”).
What happens if a company discloses confidential information?
In many cases, disclosure of such confidential information could seriously damage a company, particularly if that information falls into the hands of competitors. Moreover, in our technological world, data can span the entire globe within hours (if not minutes).
Be very careful that you don’t disclose confidential information prior to the Receiving Party signing the NDA officially. Otherwise, you make disclosures at your peril because the Receiving Party could argue that he or she had not agreed to confidentiality of any information disclosed prior to signing the NDA.
When do you sign a confidentiality agreement with a company?
In addition, when your company distributes copies of confidential information, write the word “CONFIDENTIAL” in bold letters on the face of the documents. Nothing lasts forever, and this is certainly true of employment. At the end of an employment relationship, your company should conduct an exit interview.