Illinois Nondisclosure Agreement - Focus Group Testing
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FAQ
The NDA is unreasonably onerous, or too anti-competition. Your actions do not amount to breach of contract, so your former employer has no legal standing. The NDA is not enforceable because it does not comply with Illinois law.
The enforceability of such agreements depends upon the nature of the information which the agreement seeks to protect and on the employer's efforts to protect the information from disclosure.
2. When are non-disclosure agreements signed by employees enforceable? While the rules can certainly vary from state to state, most jurisdictions consider non-disclosure agreements to be enforceable as long as they are drafted and executed properly.
The contractual consequences of a breach of a NDA could include a compensation claim or securing an injunction order to prevent further damage or loss arising from the breach of confidentiality.
Some NDAs will bind a person to secrecy for an indefinite period of time so that at no point in time can the signer divulge the confidential information contained in the agreement. Without such a signed agreement, any information disclosed in trust can be used for malicious purposes or be made public accidentally.
In a unilateral NDA, one party agrees not to reveal confidential information. In a mutual NDA, both sides agree that they will not share confidential information. In all other aspects, these two types of confidentiality agreements are identical, especially when it comes to enforcement and the consequences of a breach.
In those situations, you should refrain from disclosing that you have entered into an NDA or are even in negotiations with the other party (i.e., the first rule of this NDA is we don't talk about this NDA). NDAs may have time limits that provide that they no longer apply after some fixed period.
Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs. It's illegal to reveal trade secrets or sensitive company information to a competitor.
7 Things to Look for Before You Sign a Nondisclosure AgreementParties to the Agreement.Identification of What Information Is Confidential.Time Frame of the Agreement.Return of the Information.Obligations of the Recipient.Remedies for Breaches of Agreement.Other Clauses.
The Key Elements of Non-Disclosure AgreementsIdentification of the parties.Definition of what is deemed to be confidential.The scope of the confidentiality obligation by the receiving party.The exclusions from confidential treatment.The term of the agreement.