2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
A Michigan non-disclosure agreement (NDA) is a legal contract that safeguards confidential information shared between parties. This confidentiality agreement prevents the receiving party from using the disclosed information without permission, in compliance with Michigan state law.
In addition to the right to terminate for cause, the parties to an NDA need the ability to terminate the NDA for their convenience. Basically, either party should be able to cease discussion and terminate the NDA, if and when they choose to do so.
NDAs generally will only be enforced if the enforcing party can show: (1) the existence of a trade secret or other confidential information; (2) that the trade secret or confidential information was acquired improperly or as a result of a confidential relationship; and (3) that there was actual or threatened ...
Non-Disclosure Agreement for Employee Leaving Confidentiality agreements sometimes specify the length of time a worker cannot work for a competitor after leaving his or her workplace. Through this, the former employee cannot use the knowledge received from the previous company to benefit a new employer or earn profits.
1 Michigan courts continually uphold and enforce non-competes. 2 However, recent non-competes in Michigan have been subject to debate because of the many disadvantages such clauses pose to employees.
NDAs are enforceable when they are signed — if they are properly drafted and executed. NDAs are enforceable once signed, provided they have been drafted and executed properly. Unilateral NDAs need only the signature of the receiving party, whereas mutual non-disclosure agreements need the signatures of both parties.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.