Consultation on Non-Disclosure Agreement (NDA) Preparation
The consultation aims to determine the legal format, scope of protection, and applicability of a non-disclosure agreement in a specific business situation. It examines the purposes of confidential information exchange, legal status of parties, nature of data to be shared, and applicable US legislation.
Following the consultation, an approach to NDA structure is developed, the appropriateness of unilateral or mutual agreement format is determined, and costs for subsequent preparation, negotiation and support stages are evaluated.
Key Stages of Non-Disclosure Agreement (NDA) Preparation Support in the US:
- Determining NDA format and type
Choosing between unilateral and bilateral agreement based on parties' interaction goals. - Defining protected information scope
Clear specification of confidential data to be protected. - Developing key provisions
Including parties' obligations, duration, confidentiality exceptions, legal consequences of violations. - Agreeing on governing law and jurisdiction
Establishing applicable law and dispute resolution procedures. - Legal review and NDA terms adaptation
Accounting for jurisdiction specifics, industry, deal structure or negotiation context. - Supporting signing and NDA compliance
Monitoring parties' obligations, updating terms when necessary.
A properly drafted NDA helps protect confidential information during negotiations, technology transfers, investment project discussions and other forms of business interaction.