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| Authored by: Anonymous on Friday, July 27 2012 @ 03:31 PM EDT |
While the NDAs I have seen are not for extremely confidential information, there
are many caveats on the NDA, perhaps for protecting both parties. Oral
conversations are not covered by the NDA, unless the information conveyed orally
is documented and both parties notified that the subject in the documentation is
subject to the NDA. The NDAs also quite often expire, after which neither party
is obligated to maintain confidentiality. But mostly, the NDA is in place to
allow accidentally leaked information to be removed from the world. For example,
if a company's plans were published on the internet, they could get an
injunction to get that information removed, since it was not public
information.
Things which I suspect a court would honor NDAs would include:
1. Confidential information relating to unfiled patents.
2. Unannounced financial data subject to SEC disclosure rules, particularly for
financial quarters in progress or not yet announced.
3. Valuable trade secrets like the recipe for Coca-Cola.
On the questionable items would be things like financial terms. I could see a
practical case for sealing some terms, if different people were charged
different amounts for the same item, that substantial harm could come if
customers being charged more started asking for refunds. But, if they wanted
that information maintained confidentially, they should require their
counterpart to settle any lawsuit which might require public release of this
information.
But, I'm still surprised by redactions, when one can get the jist of the
statement, even if the details are redacted.[ Reply to This | Parent | # ]
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