Every non-disclosure agreement should have a clause that explicitly authorizes the disclosure of confidential information. The lawyer should ensure that the clause gives notice to the other party of the type of confidential information that is being disclosed. If not, the other party could bring […]

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Every non-disclosure agreement should have a clause that explicitly authorizes the disclosure of confidential information. The lawyer should ensure that the clause gives notice to the other party of the type of confidential information that is being disclosed. If not, the other party could bring a claim against the consulting company. A clause that requires the consulting party to inform the other party of their intent to disclose confidential information is more difficult to enforce than a simply stating “no-disclosure agreement.” It takes a lot of work for a client to get their non-disclosure agreement changed; therefore, they would be better off just stating the reason for the agreement and putting it in writing.