Non-disclosure agreements (NDAs) are legal contracts used to protect confidential and proprietary information shared between parties. NDAs can be crucial in safeguarding a company’s valuable trade secrets, intellectual property, and other confidential information from being disclosed or misused by employees, contractors, or other third parties.
At Bridgford, Gleason & Artinian, our experienced California non-disclosure agreements lawyers can help you negotiate and litigate NDAs that effectively protect your company’s sensitive information and advise you on any issues related to enforcing or defending against NDA violations. Contact us today to schedule a consultation.
What are California Non-Disclosure Agreements?
California Non-Disclosure Agreements, also known as NDAs, are legal contracts between two or more parties that prohibit the disclosure of confidential or proprietary information. These agreements are commonly used by businesses to protect sensitive information such as trade secrets, customer data, and intellectual property. Non-disclosure agreements can be used in a variety of situations, from employment agreements to business partnerships and negotiations. In California, non-disclosure agreements are subject to specific legal requirements.
Examples of California Non-Disclosure Agreements
California Non-Disclosure Agreements are common in many industries to protect confidential information. Some examples of situations in which NDAs may be used in California include:
- Start-up companies entering into discussions with potential investors or partners
- Employers requiring employees to sign NDAs to protect company secrets or proprietary information
- Companies sharing trade secrets or other confidential information with vendors or contractors
- Businesses seeking to protect confidential information during mergers or acquisitions
California Laws on Non-Disclosure Agreements
In California, non-disclosure agreements are governed by state law and must comply with certain requirements to be enforceable. California law generally disfavors NDAs that restrict an individual’s right to work, and there are specific rules regarding the enforceability of NDAs in the employment context. For example, an employer may not require an employee to sign an NDA that purports to prohibit the employee from disclosing information about unlawful acts in the workplace. Additionally, an NDA must be reasonable in scope and duration to be enforceable, and it must not be contrary to public policy or violate any laws. The California Uniform Trade Secrets Act (CUTSA) also provides specific requirements for NDAs that protect trade secrets.
Provisions to Include in California Non-Disclosure Agreements
When drafting or reviewing a non-disclosure agreement (NDA) in California, there are certain provisions that should be included to ensure the agreement is enforceable and effective. Firstly, the NDA should clearly define what information is considered confidential and the purpose for which it may be disclosed. Additionally, the agreement should specify the obligations of the receiving party to maintain the confidentiality of the information, and the permitted uses of the information, such as whether it can be shared with affiliates or third-party service providers. The agreement should also establish the term of the agreement, the circumstances under which the agreement can be terminated, and the remedies available in case of a breach. Finally, it is important to include a provision that specifies which state’s laws govern the NDA and which courts have jurisdiction in case of any disputes.
Violations of California Non-Disclosure Agreements
Violations of California Non-Disclosure Agreements can occur when one party breaches the terms of the agreement by disclosing confidential information to an unauthorized third party or using the information for personal gain. Violations can also occur when the recipient of the information fails to maintain appropriate security measures to protect the confidential information from unauthorized access or disclosure. In California, if a non-disclosure agreement is breached, the party that suffered harm may be entitled to remedies such as injunctive relief, damages, or even specific performance, depending on the terms of the agreement and the nature of the harm suffered.
Contact Our California Non-Disclosure Agreement Lawyer Today
If you need assistance with reviewing, enforcing, or defending against a non-disclosure agreement in California, don’t hesitate to contact us today. At Bridgford, Gleason & Artinian, we have a deep understanding of California non-disclosure laws and can help protect your confidential information from being disclosed by current or former employees, contractors, or business partners. Our California lawyers can provide guidance on how to enforce your non-disclosure agreement if a breach occurs, or defend against such a claim. Contact us today to schedule a consultation and learn more about how we can help safeguard your valuable information.