Non Disclosure Agreement Breach Remedy
At Fergus, a law firm, I am an experienced commercial lawyer who represents companies and individuals, plaintiffs and defendants in complex NDA litigation throughout California. Based on more than 35 years of complex civil and commercial litigation, I work hard to help you resolve conflicts and put in place appropriate remedies. If your business has been harmed by an NDA violation or if allegations of violation threaten your livelihoods, I can help you protect your rights and present a compelling case for appropriate relief. Let`s say you`re a personnel professional in a large company. You come to work one morning and discover that a corporate server has been hacked, and you think that files have been disrupted with confidential emails, customer databases and code to a new computer program. An IT contractor was recently laid off in poor conditions, and you think he is behind the offence. You know that the former employee signed an NDA and you might consider the following steps: Today, many startups and companies require their employees to sign clauses or confidentiality agreements before they can start working. A confidentiality agreement (NDA) is often used for employers to protect confidential information surrounding their business. To limit the damage caused to a business by a violation of the NDA, your company must take legal action promptly.
Among the remedies available to the company are: in this case, Convolve and DAS, which claimed that the confidentiality agreement had been violated, failed to impose themselves because they had not complied with their own requirements, as defined in the signed agreement: all confidential information had to be qualified as “confidential”. In many cases, it is often cheaper to negotiate a transaction involving compensation and a promise from the hurtful party to stop the offensive behavior. The impact of this Decision can be a good comfort for those who plan to use confidentiality agreements to protect their business data and valuable and confidential information in all kinds of business negotiations, including with regard to sales and acquisitions of companies (sale/purchase of assets or shares), new partnership agreements and in many other circumstances. Often, it`s not easy for an employer to search employees` files or computers without arousing suspicion (which could alert the employee who committed the offense), so it may make more sense for you to hire an external investigator who secretly degrades the investigative work for you. Sabeer ended up reaping the financial results of his hard work by selling Hotmail to Microsoft for $US 400 million. You may or may not be a startup, but let`s say you`ve done the right thing and made it a requirement for all your employees to sign a secret before they start working for you. A more effective remedy may be to obtain an injunction to prevent the employee from continuing to violate your confidential information or from ever being able to use your information. . . .