Non-Compete and Non-Disclosure Agreements

Non-Disclosure Agreements

Non-disclosure agreements (sometimes referred to as a confidentiality agreement) are common practice in today’s business environment. They can come to existence in a variety of scenarios, whether that be between an employee/independent contractor and an employer in a contract or between two businesses where confidential information is being disclosed. Non-disclosure agreements can exist as stand alone agreements or can be embedded in a contract.

Non-disclosure agreements should consist of two key restrictions. First, they should restrict the disclosure of the protected information. Second, they should also restrict the use of the protected information. Protecting one without the other leads to information being accessible that is not fully protected.

Further, in order to construct them in a format that is enforceable, a non-disclosure agreement needs to contain reasonable restrictions on the scope of information protected and a time limit. A non-disclosure agreement cannot last forever.

The issues surrounding non-disclosure agreements can be complex. If you are in need of a non-disclosure agreement for your business or simply need an already constructed agreement reviewed, contact our experienced attorneys today for assistance. If you are an employee, or business, that has been presented with a non-disclosure agreement, contact our office to review the agreement.

Non-Compete Agreements

Non-compete agreements are similar in nature to non-disclosures, but different in many ways. Non-competes looking to simply prevent an employee from pursuing their livelihood and competing with their former employer are unlikely to be found enforceable in Indiana. Non-competes need to be carefully constructed to protect an employers trade secrets and/or confidential information. The reasonableness of a non-compete agreement is reviewed on a case-by-case basis by the courts. Non-compete agreements need to be tailored to your specific needs as a business to protect your specific “protectable interests” and consist of a reasonable time period in order to enhance the reasonableness of the non-compete agreement in the eyes of a court.

If you are in need of a non-compete agreement for your business to protect your interests or simply need an already constructed agreement reviewed, contact our experienced attorneys today for assistance. If you are an employee that has been presented with a non-compete agreement, contact our office today to review the agreement to ensure your rights are protected.

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