Businesses of all types and sizes can benefit from non-disclosure agreements. These agreements place legal barriers around sensitive information in order to protect it from inadvertent or deliberate release, which may cause your business harm. NDAs are most often between a company and its employees or contractors, but they can between virtually anyone who share an interest in private or sensitive information or material.
The Law Firm of Carolyn McDaniel & Rick Forlano in Richmond, TX has many years of experience in constructing non-disclosure agreements between various parties. An NDA basically places restrictions on what another party can share that concerns the first party. For example, an employee is involved in developing a type of software product. The employee would likely be required to sign a non-disclosure agreement that prevents him or her from sharing any information about the software, in any form, with anyone outside the company.
NDAs often have a time limit clause, that would prevent the employee above from sharing information about proprietary processes or products from his or her company with another company or entity after leaving the original company’s employment. Sometimes this can be for a period of years, sometimes for life, depending on the stipulations of the NDA.
Complications can arise when non-disclosure agreements are joined with non-compete agreements. Many employees may not notice a promise not to work for another company engaged in similar business, or not to hire former employees if they start a similar new company themselves. Texas courts routinely look on non-compete agreements with disfavor unless the entity can supply sufficient proof that the non-compete meets the strict criteria of Texas Business and Commerce Code § 15.50.
Non-disclosure agreements are routinely enforceable in Texas as long as it protects specified information or practices. NDAs that venture so far as to prohibit an individual from using knowledge and/or skills obtained at one company while working for another could really be termed a non-compete agreement and rendered void by the courts.
The key with non-disclosure agreements is to work with a knowledgeable business attorney who has experience with crafting NDAs for different businesses and industries. Carolyn McDaniel and Rick Forlano can build a non-disclosure agreement to protect your industry secrets, proprietary information and unique processes in order for you to fully capitalize on your inventions.
Violation of a non-disclosure agreement means that your company can take the violator before the Texas courts for justice. A lawsuit for breach of practice can cost severe penalties in recovering financial damages and other costs related to the disclosure. The burden of proof is on the plaintiff, but if reasonable data can show what the disclosure cost the company, that amount can be used as a basis for issuing a judgement in favor of the plaintiff.
In cases where an employee or former employee is charged with breach of practice or contract over an NDA, attorneys Carolyn McDaniel and Rick Forlano can construct and vigorously pursue a case for your business to recover damages from the accused. Our law firm has the resources, skills and experience to present a strong case for the protection of your property and the recovery of financial losses.
When your business needs an NDA that will stand the test of Texas courts, call the Law Firm of Carolyn McDaniel & Rick Forlano at 281-342-6541 to arrange a confidential consultation at our Richmond, TX office.