NDA Breach? What to Do Next

Non-disclosure agreements (NDAs) are legally binding contracts whose purpose is to ensure confidentiality of private business information. When someone signs a NDA, they are obligated to keep private information private so that important company information, such as product information, client lists, and other business or trade intelligence, doesn’t get leaked.

What to do if there is a NDA violation

If you discover that there has been a breach of a NDA contract, there are several things you can do.

First, you should review the original NDA – Is anything written in the contract about what is to happen in the event of a breach or misappropriation of information? It’s important that all your legal documents include in their terms what will happen if the contract is violated. If your contracts do not, please get in touch with us right away at Silverberg|Brito, PLLC.

Next, work with your lawyer to investigate the breach – While you may know with certainty that there has been a breach of information, you may not have concrete evidence to prove it. In order to mount a strong case, you will need to have proof.

Consult with your attorney to discuss the best ways to do this and be sure also to understand the legal fees associated with pursuing a NDA violation. There are provisions under the Uniform Trade Secrets Act (UTSA) that may be relevant to the outcome of your case. For more information about the UTSA, see Florida Statute §688.

Third, determine if any legal claims need to be made – After evaluating the evidence, determine if you will be able to pursue any damages as a result of the contract breach or if an injunction should be sought.

Non-disclosure agreements are important documents to protect your business and private information. Make sure you partner with a local attorney who focuses on your area of business when drafting one as well as consult one right away if you believe there has been a breach. For help with all of your small business needs, get in touch with us at Silverberg|Brito, PLLC

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