As a business owner and employer, you share proprietary information with others. You may be seeking investors, consultants, partners in a joint venture, or key employees. These people will have access to financial data, customer data, trade secrets, manufacturing processes, or other confidential information.
To learn how to protect your sensitive business information, speak with an Alpharetta non-disclosure agreement lawyer. The experienced attorneys at Sparks Law can help prevent associates from divulging your data to competitors by drafting effective restrictive covenants.
A non-disclosure agreement (NDA) is a contract between parties who agree not to share confidential information with a third party. To be enforceable, both parties must provide consideration, a legal term that means giving up something valuable to acquire something else.
For example, a consultant might sign an NDA giving up the right to use confidential information in exchange for being paid to work on a company project. Prospective employees may be asked to sign NDAs as a condition for employment, or they may be asked to sign one at termination in exchange for severance payment. A knowledgeable attorney at Sparks Law can draft non-disclosure agreements for Alpharetta employers to meet their business needs.
Business owners working with restrictive covenants, including non-disclosure agreements, should make sure these contracts are in writing. A skilled local attorney should review existing documents or draft new ones to ensure they are enforceable and address important issues.
Some important things to consider when creating an NDA:
Georgia uses the Blue Pencil Law in cases where a restrictive covenant or agreement is overbroad. In the above example, the court could strike the portion of the non-disclosure agreement that forbids a former employee from working in Georgia and uphold the remainder of the agreement. A seasoned lawyer at our firm could assess a client’s NDAs to make sure they comply with Georgia law.
When someone has signed a company’s non-disclosure agreement and breaches it, the company can file an injunction that immediately stops the breaching party from talking about or sharing documents containing confidential information. The breaching party will have to destroy or turn over any sensitive material. A non-disclosure lawyer could help file a lawsuit for breach of contract, beginning with a complaint explaining the extent of the breach backed by facts.
After the defendant responds, the parties will engage in discovery. During this period, both sides investigate the breach claim to get to the facts of what happened. If the defendant cannot provide any reasons for why they divulged sensitive information, plaintiffs can ask for summary judgment. This motion asks the judge to rule in a plaintiff’s favor.
The parties can settle at any time before a jury renders its verdict. If appropriate, an attorney can help negotiate a settlement that reflects a business’s loss caused by the defendant’s breach. Alternatively, the case can be set for trial in civil court. Here, a jury or judge will hear the evidence and witness testimony to decide if the defendant breached and what damage was done to the plaintiff’s business. In either scenario, support from an Alpharetta non-disclosure attorney may be critical.
A critical aspect of your business is protecting confidential information from falling into the hands of competitors. To prevent employees, independent contractors, and other associates from sharing sensitive documents, speak with an Alpharetta non-disclosure agreements lawyer about restrictive covenants to include in your business contracts.
The skilled legal team at Sparks Law can review your existing documents or draft new ones to protect your company information. We can also advise you on pursuing legal action for any breaches of contract. Contact us today to schedule an initial appointment and discuss your situation.