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Confidential information

Nondisclosure agreement (confidentiality agreement) beta version 01/23/08 - testers wanted

Attached to this post is a beta-test version of an interactive, highly-configurable Nondisclosure Agreement form, in Adobe PDF format. It contains both short-form and long-form versions.

Your lawyer can save time (and thus your money) by configuring either the short-form or long-form version, by checking boxes and filling in blanks.

Save time reviewing the other side's contract by getting them to use this Pactix form, so that you can focus on their changes to language you've already seen.

The form automatically generates a summary page of key terms and conditions, for handy future reference.

See Advantages of using Pactix fill-in contract forms.

Breach of nondisclosure agreement leads to $80 million judgment

Boy, did Mesa Air Group and its CFO apparently blow it, to the tune of $80 million. According to a bankruptcy court judgment, Mesa entered into a nondisclosure agreement with Hawaiian Airlines (HAL) to consider the possibility of investing in HAL. But then, according to the court, Mesa used the information to compete with HAL. To make matters worse, Mesa's CFO used software to 'scrub' his hard disk despite the litigation hold that required him to preserve evidence. In October the court awarded HAL $80 million, which according to this blogger's analysis is nearly a third of Mesa's available cash.

Omnibus contract template with nondisclosure agreement example (development snapshot)

After seeing blog posts by several different authors (listed below), bemoaning the complexity of contracts and other legal documents, and being "encouraged" by my wife, I figured it was time to put some content out there for comment. The attached PDF files represent a development snapshot of:

  • An "omnibus" contract template, with a whole lot of clauses and annotations. Make sure you read the introductory material about the sidebar color scheme, which explains how I classified the various clauses. (Two versions of the omnibus template are posted: One with footnotes, one with endnotes.)
  • A very simple two-way nondisclosure agreement template, with endnote annotations, "harvested" from the omnibus template. Starting from the Word document of the omnibus template, it took me about 10 minutes to put this NDA together by deleting clauses that I didn't want.

Confidential information - notes

Confidentiality provisions are used in many agreements, including standalone nondisclosure agreements. This section discusses some of the major and minor issues that can come up in negotiating such provisions.

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