Non-disclosure Agreements | Trade Secrets | Due Diligence

ARTICLES

NDA as Poison Pill

May 31, 2012

This article analyzes the language of an important section of a non-disclosure agreement entered into between two materials companies; the provision in question is now central to litigation between the two parties.  The article points out that the choice of a preposition in a crucial section of the agreement has led to a proposed hostile acquisition being halted in its tracks by a Delaware court and uses this to illustrate how much seemingly boilerplate language can matter in certain circumstances. 

- Summary by FizzLaw Team

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NDA as Poison Pill

AUTHOR

William Carleton

William Carleton