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Michelle DelMar, Esq.

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Attorney Michelle DelMar

Focusing on Business, the Whole Business and

Nothing but the Business.

Trademark Attorney, Contract Attorney, Corporation Attorney

Michelle DelMar, Esq., Trademark Attorney, Contract Attorney, Corporation Attorney

 
 
Michelle DelMar, Esq.
 
Small Business Lawyer, Trademark Attorney and Executive Contract Lawyer.
 
Martindale-Hubbell®
Client Review Rating: “Preeminent” (5 out of 5)
 Peer Review Rating:  4.7 out of 5
 
Michelle DelMar, Legal Strategist for Top Growing Businesses, provides information,  guidance and services for small businesses:
 

Taking small businesses From Startup:

to Operation:

and Exit, Sale or Transfer:
 
 

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Legal Info for Businesses

Business Checklists

Understanding Agreements

Want to Discuss your Business Issues? Click here to speak to Michelle Grenier and/or schedule a consultation.

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Michelle DelMar, Esq.

Business Lawyer, Trademark Lawyer and Executive Contract Lawyer

Michelle DelMar, Esq.

Michelle DelMar, Esq.
Helping new businesses startup, existing businesses grow and executives achieve their goals. Business clients enjoy the service, attention and accessibility of in-house counsel, without the added costs of hiring an employee.
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Recent Posts

Why do I need a Confidentiality Agreement?

Posted by Michelle DelMar, Esq. Jun 25, 2019 6:07:31 PM

WHY DO I NEED A CONFIDENTIALITY AGREEMENT?

     The Simple answer to the question, "Why do I need a Confidentiality Agreement (or NDA)?" is, "BEFORE YOU DISCLOSE ANY PROPRIETARY SECRET."  If you don't want someone else to use the information that you are disclosing, get their promise not to disclose in writing!

     Generally, Confidentiality Agreements, also known as non-disclosure agreements or NDA's, are contracts wherein each party agrees not to disclose and to keep confidential certain information that is disclosed by the other party.  

      The Confidentiality Agreement is often utilized where one party intends to disclose to the other party, confidential, proprietary, information, such as a secret idea, process, service or product.  Such disclosure typically occurs when the disclosing party wants another person and/or company to evaluate the secret information prior to entering into a comprehensive Joint Venture Agreement, Collaboration Agreement or Licensing Agreement.  

The benefits of utilizing a well-drafted Confidentiality Agreement include the following:

     First, the Confidentiality Agreement reduces the risk that the valuable secret information will be disclosed to, and possibly used by, third parties.  If the secret information is disclosed to a third party and such disclosure amounts to a breach of the Confidentiality Agreement, the party that is the owner of the secret information, will have a cause of action for breach of contract and will be able to seek injunctive relief (where the court orders the breaching party to cease disclosure and use) and may also seek monetary damages.

    Second, an important benefit of utilizing a well-drafted Confidentiality Agreement is that it will reduce the risk of forfeiture of your valuable patent rights.  That is, public disclosure may result in your development or secret to be determined, not patentable and patent rights may be forfeited.

     Third, Confidentiality Agreements define in writing, specifically what, if any, information can and cannot be disclosed by the receiving party and when and under what circumstances such disclosure can occur. Typically the disclosing party will prefer the protected information to be as broad as possible and the receiving party will prefer a more narrow protection.

     Fourth, the Confidentiality Agreement may provide for limitations on the receiving party's use of the confidential information, e.g., to be used solely for the purposes of evaluating the specific business opportunity.   

What can be protected by a Confidentiality Agreement?  

    A well-drafted Confidentiality Agreement can protect any information that is disclosed to the other party, such as, processes, recipes, test results, systems, new products, client lists, other trade secrets, etc. 

    It is very important that the receiving party make sure that there are exceptions to the confidentiality provisions set forth in the Confidentiality Agreement, e.g., information that the recipient had prior to the disclosure, information in the public domain, information created by recipient, etc.

    The disclosing party may want to provide provisions within the Confidentiality Agreement that require certain treatment of the material provided.  Again, if reasonable steps are not taken, trade secret protection may no longer apply to the material.

    Also, the Confidentiality Agreement should set forth a time period for the making of disclosures and the period during which confidentiality of the information shall remain confidential and not disclosed.

   Furthermore, Confidentiality Agreements often contain provisions confirming that there is no license granted to the disclosed material, within that agreement, express or implied and that any and all material disclosed shall be returned to discloser upon request.

     Thus, there are many situations where a Confidentiality Agreement is not only appropriate, but essential to business success.  Contact an Experience Business Attorney today for a Free Consultation with regard to your specific circumstances.  

Related Information and Checklists:

Confidentiality Agreement Checklist

Non-Compete Agreement Checklist

 

Want to discuss your business issue?

Click here to schedule a Consultation with an Experienced Boston Business Lawyer / Maine Business Lawyer.

Tags: Publishing Agreement Checklist, Understanding Business Agreements, Confidentiality Agreement Checklist, Independent Contractor or Employee, Joint Venture Agreement Checklist, Non Compete Agreement Checklist, Strategies from Business and Trademark Lawyer, Contracts, What Business Owners Should Know; Corp.'s & LLC's, Licensing Agreement Checklist, What are Trademarks, International Business Law, NDA

When CopyRIGHTS Vest

Posted by Michelle DelMar, Esq. Jun 15, 2019 7:59:18 PM

"What is a copyright?": Vesting of Rights

Tags: Publishing Agreement Checklist, What are Trademarks

"What is a copyright?": Copyright Owner's Rights

Posted by Michelle DelMar, Esq. Jun 15, 2019 7:42:18 PM

Copyright Owner's Rights

Tags: Publishing Agreement Checklist, What are Trademarks

More About Trade Secrets and Why Businesses Don't Patent

Posted by Michelle DelMar, Esq. Jun 15, 2019 6:26:42 PM

This article supplements "What are Trademarks, Copyrights, Trade Secrets?"

Tags: Executive Contract, Non Compete Agreement Checklist, Strategies from Business and Trademark Lawyer, What are Trademarks

Trademark Lawyer Blog, Part 2 | More About What is a Trademark? The Race to Register!

Posted by Michelle DelMar, Esq. Jun 15, 2019 5:34:54 PM

Click here for helpful article about "What is the difference between a TradeMARK, CopyRIGHT and Trade SECRET?" 

Tags: What are Trademarks

Understanding the Joint Venture Agreement

Posted by Michelle DelMar, Esq. Jun 2, 2019 11:56:00 AM

Understanding the Joint Venture Agreement

A well-drafted Joint Venture Agreement is key to successful multi-party projects.  It is essential that all participants understand their rights and obligations and the rights, obligations and expectations of all other participants.

Tags: Joint Venture Agreement Checklist, Strategies from Business and Trademark Lawyer, Contracts, What Business Owners Should Know; Corp.'s & LLC's, What are Trademarks, International Business Law

Understanding Contracts.

Posted by Michelle DelMar, Esq. Jun 2, 2019 11:50:00 AM
International Business Lawyer

Understanding contracts.  What is a contract?

 

GET IT IN WRITING . . . BEFORE YOU COMMIT YOUR VALUABLE MONEY, TIME AND EFFORTS.

A contract is a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.

Risk. The biggest risk is not having a signed comprehensive contract; the second biggest risks, is in not fully understanding your contract.

Tags: Confidentiality Agreement Checklist, Distributor Contract, Executive Contract, Independent Contractor or Employee, Joint Venture Agreement Checklist, Non Compete Agreement Checklist, Strategies from Business and Trademark Lawyer, Contracts, What Business Owners Should Know; Corp.'s & LLC's, What are Trademarks, International Business Law

Website Compliance

Posted by Michelle DelMar, Esq. Jan 19, 2016 1:32:55 PM

Website Compliance

One of the first things new businesses do, typically is, create a website.  Business owners should understand that it is important to have proper web site content including, appropriate terms of use, privacy policy and copyright notices.

This content protects your rights, as well as, provides for compliance with laws such as the Digital Millennium Copyright Act, etc.

Some examples are as follows:

a. Privacy Policies, amongst other things, often give notice with regard to what you will and will not be doing with the information of visitors to the site.

b. Clear and comprehensive Return Policy pages are essential for retail sites.

c. Terms of Use often include provisions that protect your intellectual property rights.

Make sure you do it right the first time and avoid costly remedial measures later.  Discuss your business with a competent experienced Boston business lawyer or Maine business lawyer to determine what policies and provisions would be best to include in your web site.

Related Articles:

Business Checklist 1

Trademarks and Trademark Registration

Want to discuss your issues with an experienced Boston business lawyer or Maine business lawyer?

Click here to schedule a consultation with a Boston business lawyer and Maine business lawyer.


Tags: Strategies from Business and Trademark Lawyer, Contracts, What Business Owners Should Know; Corp.'s & LLC's, What are Trademarks, Website Design Agreement

Trademark Lawyer Blog, Part 1 | What's the difference between Trademarks, Copyrights and Trade Secrets?

Posted by Michelle DelMar, Esq. Jan 19, 2016 1:21:49 PM

Trademark Lawyer Blog, Part 1

What are Trademarks, Copyrights and Patents?

What are the differences between Trademarks, Copyrights and Patents?

PROTECT YOUR INTELLECTUAL PROPERTY RIGHTS

Intellectual property (for example, trademarks, written materials, recipes, etc.) can be a company's most valuable asset and the acquisition, transfer, license or right to use such intellectual property is often an essential element in many business transactions.  Recently, lenders, investors and financial institutions have considered and requested intellectual property assets as collateral to secure company obligations and financing.

Tags: What are Trademarks

Publishing Agreement Checklist

Posted by Michelle DelMar, Esq. Jan 19, 2016 12:59:39 PM

Publishing Agreement Checklist

For Writers, Artists and Publishers

Publishing lawyer for Authors and Publishers . The following are important issues related to your publishing agreement.

Tags: Publishing Agreement Checklist, Contracts, Publishing Agreements