Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Practical Law General Contract Clauses: Confidentiality Agreement Clauses After the Defend Trade Secrets Act

Practical Law, August 7, 2019 (Revised September 17, 2021)
Author(s): Charles R. Macedo, David P. Goldberg, Olivia Harris, Christopher Lisiewski

Charles Macedo with appreciation the contributions of Michael Sebba to the original version of these Standard Clauses, and David Goldberg, Olivia Harris and Christopher Lisiewski, who assisted with research and revisions to these Standard Clauses: General Contract Clauses: Confidentiality Agreement Clauses After the Defend Trade Secrets Act

Standard Clauses for use in confidentiality agreements drafted after the Defend Trade Secrets Act of 2016 (DTSA). These Standard Clauses include whistleblower protections and notice of immunity provisions for nondisclosure agreements (NDAs) between a company and an individual who is an employee, a contractor, or a consultant. They also include other clauses commonly used in business-to-business transactions with drafting notes addressing possible implications of the DTSA. These Standard Clauses have integrated notes with important explanations and drafting and negotiating tips.

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