In the article “Is It Time to Cancel Nondisclosure Agreements?” Corporate Counsel raised examples of how some corporate legal departments are currently managing the use of nondisclosure agreements (NDAs). The legal publication turned to labor & employment partner David Woolf for insight into the benefits of NDAs.
Woolf and other industry sources noted that the benefit of having an agreement in place typically outweighs the headache of going through the NDA process.
Woolf told the publication that while NDAs are “not a magic bullet,” they are “absolutely worth it.”
“[NDAs] make clear about what is confidential and what is a trade secret, so you’re not debating that later or you’re less likely to debate it,” he added. “You’ll still have to show it in court, but it’s a huge advantage to say, ‘Judge, we shouldn’t be talking about this because he and the company have agreed that this is confidential.’”