Business relationships often require disclosure of sensitive or privileged information, which presents a risk. One of the most effective ways to reduce this risk is through non-disclosure agreements, also known as confidentiality agreements. A contracts lawyer in Las Vegas, NV can help you to draw up a non-disclosure agreement to ensure that it’s legally binding. They can also help you if you believe the non-disclosure agreement has been breached.
Do Non-Disclosure Agreements Prevent All Disclosure of Confidential Information?
Non-disclosure agreements (NDAs) are a powerful legal tool that creates a binding contract. In most cases, this prevents the recipient of the information from being able to legally disclose the information without consent. However, NDAs have limitations and can’t be enforced in all situations.
For example, an NDA can’t be used to prevent the disclosure of illegal information or unlawful activities, and it doesn’t prevent reverse engineering. The wording of the NDA must also be reasonable and explicit regarding scope and duration. Failure to create an NDA that is clearly worded may mean that it’s not upheld in court.
Steps to Take Following a Breach of Confidential Information
1: Gather Evidence
Before taking legal action, investigate the suspected breach and gather evidence. You need to show what the breach is, how the confidential information was disclosed, and how the disclosure has been used. Demonstrating the impact of the disclosure on your business will also strengthen your case.
2: Check the Terms of Your Agreement
The NDA should clearly state what constitutes a breach and what the remedies are. This could include financial damages, legal action, and the termination of any related business contract without penalty.
3: Seek Advice from an Experienced Contracts Lawyer
You should never ignore a breach, even if your business has not been materially harmed. This is because it could appear to others that you don’t take breaches seriously and don’t enforce your legal rights. Consult your lawyer to establish what legal recourse you have and what steps you should take next.
4: Pursue Legal Action
Several legal remedies are available, and your lawyer will advise which is the most appropriate for your circumstances. This will usually begin with a cease-and-desist letter, instructing the other party to refrain from any further breaches. It may also ask them to take remedial action. Depending on the severity of the breach and the response, your lawyer may advise you to file a lawsuit for damages.
In some circumstances, your lawyer may recommend immediate additional action, such as an application to the court for an injunction. This can limit the damage caused by the breach and prevent further use of the confidential information. Providing clear evidence of the breach is essential if you want the court to grant an injunction.
If you believe a business contract has been breached, or you would like a non-disclosure agreement drafted, contact us today at Hutchings Law Group in Las Vegas, NV to schedule a consultation.
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