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What is a Confidentiality Agreement? [60 Second Law Bite]

Hey everyone, its attorney Brian Russ coming at you with another 60 second law bite. Today’s topic is “What is a confidentiality agreement?” So a confidentiality agreement. We see this in a lot of situations, because collaboration between multiple parties or one has something they want to keep secret, but they want to share it with the other party to make sure that they can have a discussion about you know, the presumed partnerships. So a lot of times we see this in business agreements and employer employee relationships. So the purpose of a confidentiality agreement is to protect the disclosing party’s information from an impermissible release by the receiving party. So generally, the CDAs are an NDAs, they will basically memorialize what is confidential information, what circumstances that confidential information could be shared in and what constitutes confidential information. What damages are available, should the confidence be breached. You have to keep in mind the United States Constitution has very strong First Amendment protections. So generally a court will not require specific performance where a party cannot share the information rather, they will wait for the confidentiality agreement to be breached and then assess damages resulting from such breach. Alrighty, if you have any questions, reach out!

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