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Enforceable Nondisclosure Agreements: Protecting Trade Secrets and Other Confidential Business Information

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 17, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will guide business counsel in drafting nondisclosure agreements (NDAs) before engaging in confidential business negotiations. The panel will examine key contract provisions and exclusions, common negotiation challenges, and best practices to minimize the risk of litigation for misappropriation of confidential information.


Businesses considering a new product or service or entering into a joint venture with another party or company often use NDAs, also known as confidentiality agreements, to protect trade secrets, intellectual property, and other confidential information from misappropriation by the parties with whom they discuss their ideas.

NDAs protect the exchange of information, knowledge, or materials not publicly known or available and which have value by virtue of being kept secret. Failure to enter into an NDA at the start of business discussions may lead to litigation if one party develops a similar service or product following their access of information subject to the discussions.

Well-drafted confidentiality agreements outline the definition of confidential information, the parties with whom the data can be shared, the time frame the NDA governs, and various other critical terms. Business counsel must understand the latest drafting techniques and common challenges in negotiating terms to provide useful guidance to their clients.

Listen as our panel of experts outlines best practices for negotiating and drafting NDAs based on their extensive experiences with these types of agreements. The panel will examine provisions commonly included in the agreements, typical exclusions, and potential legal pitfalls facing businesses engaged in NDA contract negotiations.



  1. Principle provisions in NDAs
    1. Definition of confidential information
    2. Restrictions on use and disclosure of information
    3. Exclusions to disclosure prohibitions
    4. Return of confidential information
    5. Enforcement and remedies
  2. Best practices in negotiating NDAs


The panel will review these and other key issues:

  • What complex legal and business issues must counsel consider during NDA contract negotiations?
  • What are the key provisions that should be included in NDAs?
  • What are some best practices for resolving disputes arising during contract negotiations?


Berschadsky , Jonathan
Jonathan Berschadsky

Merchant & Gould

Mr. Berschadsky focuses his intellectual property practice on complex matters. His 20 years of experience, mixed with a...  |  Read More

Bomzer, David
David Bomzer

Cantor Colburn

Mr. Bomzer has served as both in-house and outside counsel to some of the largest and most recognizable Fortune...  |  Read More

Kurz, Richard
Richard Kurz

Haug Partners

Mr. Kurz's practice primarily focuses on intellectual property counseling and litigation, His litigation...  |  Read More

Saeedi, Daniel
Daniel R. Saeedi

Taft Stettinius & Hollister

Mr. Saeedi’s principal practice areas are labor and employment law and corporate litigation. He has represented...  |  Read More

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