non-disclosure-agreements-wolves-in-sheep’s-clothing-or-the-walking-dead

Non-Disclosure Agreements: Wolves in Sheep’s Clothing or the Walking Dead?

Live Webinar | CEU Approved

  • 90 minutes

NDAs are everywhere and they have been around forever. Non-disclosure agreements can be found in every industry. They may be freestanding contracts prefatory to the commencement of confidential negotiations. They can be found in contracts of employment and intellectual-property licensing agreements. They may cover information exchanges in all types of joint ventures. Quite literally, they really are everywhere… woven into the fabric of research & development, employment and independent contracting, licensing and sales… even impacting real estate deals and construction contracts.

They recently stepped into the national spotlight with the advent of the “#MeToo” movement this year. Revelations in litigations involving film mogul Harvey Weinstein and other alleged miscreants brought to light airtight NDAs included in sexual-harassment settlement agreements. Advocates of full disclosure argue that such non-disclosure provisos in assault and harassment settlements offend public policy by leaving offenders free to continue their patterns of bad behavior. Some state legislatures have moved to make NDAs unenforceable in this context.

While NDAs aimed at concealing questionable conduct will be relatively rare for most practioners, demands for non-disclosure protection are increasingly common and are often essential for commerce in our Information Age. For example, data released in January 2018 revealed that a third of the U.S. workforce is bound by NDAs… and the breadth of these provisos also has expanded.

One of the most interesting (and perhaps frightening) aspects of the NDA is that it can be like “The Walking Dead.” Negotiations may collapse. The employment relationship may end. The contract may be completed.

Join this session by expert speaker Dr. Jim Castagnera, where he will discuss about Non-Disclosure Agreements


Session Highlights:

  • The essential aspects of an NDA: the identity of the parties; bilateral or unilateral; duration; categories of confidential information; remedies for a violation

  • Exclusions from the NDAs coverage, by express language or by operation of the law

  • Limitations on the use of the confidential information by the recipient and steps required to protect it from disclosure

  • International aspects of NDAs, including their enforceability in major trading nations such as Australia, China, and India

  • Non-NDA provisions in NDA Agreements

  • Legal remedies and the impact of arbitration clauses


Why You Should Attend:

While NDAs aimed at concealing questionable conduct will be relatively rare for most practitioners, demands for non-disclosure protection are increasingly common and are often essential for commerce in our Information Age. For example, data released in January 2018 revealed that a third of the U.S. workforce is bound by NDAs… and the breadth of these provisos also has expanded.

This webinar will also cover:-

  1. What information is covered under the NDA umbrella (the scope of protection may far exceed trade secrets as defined by statutes and case law), and

  2. Who in the organization is authorized to execute the NDA?


Who Should Attend:

  • Attorneys, including in-house counsel

  • Chief Information Officers

  • Chief Human Resource Officers


*You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it as per your convenience.


Jim Ottavio Castagnera

Jim Ottavio Castagnera

Dr. Jim Castagnera, Esq. holds a JD and a PhD from Case Western Reserve University. He spent 10 years as a labor, employment and IP lawyer with the major Philadelphia law firm Saul Ewing, before entering higher education. For the past 22 years he has been legal counsel and associate provost at a central New Jersey university. He also is the principal consultant and co-owner of K&C HR Enterprises/Holland Media Services, which provides writing, educational and consulting services to its clients, primarily in business and employment law, higher education/non-profit law and policy, and enterprise risk management.

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