13 outubro 2021
In the future, many experts agree that some confidentiality agreements are appropriate, but not others, and that there needs to be a better system for deciphering each other, whether through laws, courts or other measures to make companies more accountable in the fight against sexual misconduct. What happens if you violate a confidentiality agreement? The consequences of a breach of a confidentiality agreement (NDA) can be serious. At least you may face an expensive lawsuit and you can also expect criminal penalties, depending on the information disclosed. Whether or not you have an NDA, you can take legal action against the theft of your trade secrets, known as embezzlement, in accordance with state laws. Embezzlement is the illicit acquisition or disclosure of trade secrets, including theft, corruption and fraud. Examples include: in DB Riley, Inc. v. AB Engineering Corp., at the US District Court for the District of Massachusetts (Ref. 977 F. Supp. 84 (D. Mass.
1997), decided on 18 September 1997, the case concerned the applicant`s allegation that the defendant had wrongly obtained the applicant`s business secrets and, despite contractual agreements that prohibited disclosure by any means, which had existed between them prior to the action, the defendant used trade secrets to gain a “competitive advantage”. Despite this finding, the Tribunal ruled in favour of the defendant and stated that the complainant`s fault was that he was unable to take appropriate measures to preserve confidentiality. Since the applicant`s confidentiality agreement was valid only for a limited period (in this case for a period of only 10 years), the applicant could not claim “eternal vigilance” over the company`s business secrets. Thus, because of the forfeiture clause contained in the confidentiality agreement, the General Court did not refer an action for interim measures to the applicant for lack of merit in his action. This case clearly describes how certain business practices (after time) can affect the business practices of NDAs and highlights the importance of companies exercising their power to enter into eternal/indefinite agreements. Finally, the law ensures that confidential information will remain protected in a wide range of situations. However, it is important to know how these legal agreements work in order to fully benefit from them before signing or creating the document. If you are well informed, it can help you make the best legal decision for your current and future contracts.