Enforceable Nondisclosure Agreements: Protecting Trade Secrets and Other Confidential Business Information

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Wednesday, January 17, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide business counsel in drafting nondisclosure agreements (NDAs) before engaging in confidential business negotiations. The panel will examine key contract provisions and exclusions, common negotiation challenges, and best practices to minimize the risk of litigation for misappropriation of confidential information.
Faculty

Mr. Bomzer has served as both in-house and outside counsel to some of the largest and most recognizable Fortune 500 companies. In these positions, he has been responsible for developing, coordinating and executing all aspects of patent protection strategies among global teams of business and technology hubs. In addition, he has developed objectives and procedures for identifying and protecting high value technology assets, and organized and led teams of technology leaders, who assisted in coordinating enterprise-wide protection efforts. He also managed patent procurement efforts by in-house and outside counsel. Mr. Bomzer enjoys lecturing about IP and technical subject matter, and has participated in and chaired many industry conferences and panels.

Mr. Berschadsky focuses his intellectual property practice on complex matters. His 20 years of experience, mixed with a passion for technology and a flair for complex problem-solving, enable him to deliver effective technology and IP agreements, due diligence analysis, opinions of counsel, strategic patent prosecution, IP litigation and so much more.

Mr. Kurz's practice primarily focuses on intellectual property counseling and litigation, His litigation experience includes numerous district court cases and appeals for innovator life sciences companies concerning biologic and pharmaceutical drug products, with allegations that include patent infringement, inventorship disputes, inequitable conduct, false advertising, breach of contract, and business torts. This experience includes both brand vs. generic litigation under the Hatch-Waxman Act and brand vs. brand cases. In addition, Mr. Kurz assists clients with counseling, due diligence, freedom-to-operate analyses, and licensing and collaboration agreements concerning intellectual property rights, including drafting and negotiating contracts. He also represents clients for patent and trademark matters in the U.S. Patent and Trademark Office. Mr. Kurz has worked with clients in diverse industries that include pharmaceuticals, biopharmaceuticals, nutritional supplements, medical devices, software, computer systems, and materials processing.

Mr. Saeedi’s principal practice areas are labor and employment law and corporate litigation. He has represented governmental and private clients in workplace discrimination litigation, class action defense, policy formulation and litigation regarding employment agreements. In his corporate practice, Mr. Saeedi has represented directors, officers and shareholders in a wide range of corporate and securities-related disputes. He is a frequent speaker and writer on corporate and employment matters.
Description
Businesses considering a new product or service or entering into a joint venture with another party or company often use NDAs, also known as confidentiality agreements, to protect trade secrets, intellectual property, and other confidential information from misappropriation by the parties with whom they discuss their ideas.
NDAs protect the exchange of information, knowledge, or materials not publicly known or available and which have value by virtue of being kept secret. Failure to enter into an NDA at the start of business discussions may lead to litigation if one party develops a similar service or product following their access of information subject to the discussions.
Well-drafted confidentiality agreements outline the definition of confidential information, the parties with whom the data can be shared, the time frame the NDA governs, and various other critical terms. Business counsel must understand the latest drafting techniques and common challenges in negotiating terms to provide useful guidance to their clients.
Listen as our panel of experts outlines best practices for negotiating and drafting NDAs based on their extensive experiences with these types of agreements. The panel will examine provisions commonly included in the agreements, typical exclusions, and potential legal pitfalls facing businesses engaged in NDA contract negotiations.
Outline
- Principle provisions in NDAs
- Definition of confidential information
- Restrictions on use and disclosure of information
- Exclusions to disclosure prohibitions
- Return of confidential information
- Enforcement and remedies
- Best practices in negotiating NDAs
Benefits
The panel will review these and other key issues:
- What complex legal and business issues must counsel consider during NDA contract negotiations?
- What are the key provisions that should be included in NDAs?
- What are some best practices for resolving disputes arising during contract negotiations?
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