Delaware Law On Confidentiality Agreements
In October 2017, a complaint was filed with the Court of Chancery requesting access to books and records on the basis of an amended application in May 2017. The main point of contention between the parties was always the extent of the confidentiality obligations that the company imposes on its issue production. Although the shareholder also requested non-confidential documents, the company was outraged. The second lesson is that, whatever the Supreme Court`s decision, remember that a confidentiality agreement or confidentiality agreement is first and foremost a contract, and the legal lens that should be used in the development of a confidentiality agreement is the applicable jurisdictional contract law. In his decision, the Chancery judge emphasized this both explicitly and analytically. This is an obvious point, and any lawyer, who has worked on confidentiality agreements, will no doubt say that contract law is the main applicable legal discipline, but in practice there is a lot of boilplate use and relaxation in the NDA assembly, often because business clients tend to “fill in empty forms” and get angry, not about the terms of the contract, but in the “delay” caused by lawyers in obtaining these “harassment” agreements.