DelMar Law Offices 

Michelle DelMar, Esq.

Free Consultation.

Call: (617) 728-9800

or email Attorney DelMar

 

Corporations      Trademarks      Contracts

Blog

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:
 
 

Follow Me

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.

Subscribe to our blog

Michelle DelMar, Esq.

Business Lawyer, Trademark Lawyer and Executive Contract Lawyer

More About Executive Contracts

Posted by Michelle DelMar, Esq. Jun 25, 2019 6:58:53 PM

IMPORTANT CONSIDERATIONS FOR EXECUTIVE CONTRACT.

The "trust" relationship between Executive and Employer is an essential factor in the level of production and goals achieved during employment.  A win-win structure in this relationship must satisfy both the personal and professional goals of the Executive, as well as the business goals of the Employer.   A well-drafted Executive Contract plays an essential role in protecting the relationship between Executive and Employer and provides a solid foundation from which the relationship and company can thrive.

Tags: Executive Contract, Independent Contractor or Employee, Joint Venture Agreement Checklist, Non Compete Agreement Checklist, Employer Compliance, Executive Contract Checklist

More About Executive Contracts

IMPORTANT CONSIDERATIONS FOR EXECUTIVE CONTRACT. The "trust" relationship between Executive and Employer is an essential factor in the level of production and goals achieved during employment.  A win-win structure in this relationship must satisfy both the personal and professional goals of the [...]

Read More

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 for Small Busine, Confidentiality Agreement Checklist, Independent Contractor or Employee, Joint Venture Agreement Checklist, Non Compete Agreement Checklist, Strategies from Small Business Lawyer and Trademar, Contracts, Corporations and LLC'S What Business Owners Should, Licensing Agreement Checklist, What are Trademarks, International Business Law, NDA

Why do I need a Confidentiality Agreement?

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 [...]

Read More

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 Small Business Lawyer and Trademar, Contracts, Corporations and LLC'S What Business Owners Should, What are Trademarks, International Business Law

Understanding Contracts.

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 [...]

Read More

Independent Contractor or Employee

Posted by Michelle L. DelMar, Esq. Jan 14, 2016 1:52:05 PM

Independent Contractor or Employee

As a business owner, it is essential that you correctly determine whether individuals providing services to your company are employees or independent contractors. Generally, you are responsible for withholding of  income taxes, withholding and payment of Social Security and Medicare taxes, and payment of unemployment tax on wages paid to an employee. Where the service provider is an independent contractor, you generally are not responsible for withholding or paying any taxes on the payments provided to the independent contractors.

Tags: Independent Contractor or Employee, Strategies from Small Business Lawyer and Trademar, Contracts, Corporations and LLC'S What Business Owners Should, What are Trademarks

Independent Contractor or Employee

Independent Contractor or Employee As a business owner, it is essential that you correctly determine whether individuals providing services to your company are employees or independent contractors. Generally, you are responsible for withholding of  income taxes, withholding and payment of Social [...]

Read More