NDA Drafting and Review

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Intellectual Property and TechnologyTrade Secrets

NDA drafting and review gets you confidentiality agreements that actually hold up, defining what is protected, who can use it, and what happens on breach across hiring, deals, and partnerships, without blocking the information sharing your business needs.

An NDA is the foundation of most trade secret protection, and a sloppy one is worse than none because it gives false comfort. We draft and negotiate confidentiality agreements that set clear obligations while still letting you share what you need to share. Whether you are hiring, evaluating a deal, or bringing on a partner, we tailor the agreement to the actual relationship and the way information moves between the parties.

One-Way or Mutual

The right structure depends on who is exposing what. A one-way NDA protects the disclosing side when only you are handing over sensitive information. A mutual NDA fits a real two-way exchange, like a partnership discussion or a potential acquisition where both parties open the books. We match the form to the flow of information so you are not over-committing or leaving your side unprotected.

Defining What Is Covered

The definition of confidential information decides whether the agreement protects anything at all. We draft it broad enough to capture your real value but specific enough to enforce, covering information in every form: written, oral, electronic, and visual. Where a marking requirement makes sense we build it in, and where it would trap you we leave it out, so disclosures do not slip through a technicality.

Permitted Use and Exclusions

A workable NDA tells the recipient what they may do, not just what they may not. We spell out permitted purposes and authorized recipients, including employees, contractors, and advisors who need to see the material. We also draft standard carve-outs for information that is already public, independently developed, or received from a third party without restriction, so the obligations are fair and a court will hold them.

Term, Remedies, and Teeth

An NDA needs an end date and consequences. We set a confidentiality period and survival terms that fit the information, since secrets with a short shelf life and lasting trade secrets call for different timelines. Because money damages rarely undo a leak, we build in injunctive relief and address governing law, venue, and attorney fee provisions, so the agreement gives you real leverage when someone breaks it.

Frequently asked questions

Before you disclose valuable confidential information to anyone outside your company, including potential partners, investors, contractors, and prospective hires. The time to sign is before the conversation that reveals the information, not after.

It should define what counts as confidential information, set out who may receive it and how it can be used, and spell out the recipient's obligations. Good NDAs also list exclusions, a term, return-or-destruction requirements at the end, and the remedies available if the other side breaches.

It depends on the information. Trade secrets often warrant protection that lasts as long as the information stays secret, while other information may be fine with a 3-to-5-year term. The right answer tracks how long the information actually stays valuable.

Not necessarily. A one-way NDA is the right fit when only you are disclosing. A mutual NDA makes sense when both sides are sharing confidential information, but it can be unnecessary overhead when the other party has nothing confidential to give you.

A template is a fine starting point, but you should review it against the actual situation each time. Important deals or anything unusual deserve customization, since a generic NDA can miss the specific risks of the deal in front of you.

A reasonable scope, clear definitions, valid consideration, and compliance with the applicable state's law. NDAs that are written too broadly can be cut back or thrown out by a court, so tighter drafting actually gives you stronger protection.

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