Contracts: Confidentiality and Non-Disclosure Agreements

Originally presented:  April 10, 2018     |     Course length:  1.0 hour

NDAs are an often critical and foundational aspect to business and strategic transactions. This presentation will walk you through an annotated sample form to highlight:

• Specific key provisions;
  
• When and why they are important;
  
• What should and shouldn’t be “confidential information” – and why;
  
• Tailoring the agreement to the context (commercial relationships, M&A auctions, negotiated strategic transactions, etc.) and the parties (public companies, private companies, private equity sponsors, etc.);
  
• Recent developments, including tricky aspects of residual knowledge clauses;
  
• Operationalizing the treatment of “confidential information”; and
  
• Determining and clearly stating the appropriate duration of the agreement

– Brandon C. Mason; Faegre Baker Daniels LLP
– Lee Neumann; Universal Hospital Services, Inc.