Non-Disclosure Agreements (NDAs) are most often considered relevant in relation to employees. But how do they apply in the context of firms?
In the next of our Ten-Minute Talk series, Partner and General Counsel Beth Hale and Partner Corinne Staves discuss NDAs, with a particular focus on the key issues arising in Partnerships and what firms should take into consideration when drafting them.
In particular, Beth and Corinne discuss the following:
- Confidentiality clauses in retirement deeds and what firms, GCs and partnership secretaries need to take into account when they are being drafted;
- NDAs vs confidentiality provisions;
- The importance of the regulatory regime and SRA Warning Notice from March 2018, which applies to firms entering into settlement agreements with departing or joining partners, as well as the lawyers who are drafting such documents;
- The risk of a ‘boilerplate’ approach to confidentiality clauses;
- Do firms need a confidentiality clause in retirement deeds at all if one exists in the LLP deed?
- Being clear on the meaning and extent of an NDA;
- Confidentiality agreements in the context of a merger: could such agreements prevent firms from reporting to the SRA serious regulatory breaches found during their due diligence process?
CheckYourNDA Online Tool
We are delighted to share with you CheckYourNDA, CM Murray’s free online, interactive tool to help you check the terms of any non-disclosure or confidentiality agreement to ensure they are appropriate, enforceable and in line with best practice.
You can try our new interactive tool, with its traffic-light based feedback on areas of potential concern on your NDA provisions, and with explanations and suggestions for improvement, here.