Key Considerations in Understanding and Negotiating Non-Disclosure Agreements
Non-disclosure agreements or “NDAs” are often the first contract entered into by parties desiring to do business together, but it is important not to rush to sign a form NDA just to get the conversation started, write Emily R. Lowe and Glen Rectenwald on a Morgan Lewis blog.
They describe key provisions and potential pitfalls that should be considered when negotiating NDAs, including mutuality, requirements to label confidential information, restrictions on use and disclosure, definition and standard exclusions, residuals clause, disclaimer of consequential damages, and term.
