Corporate and securities litigation practice co-chair David Hennes co-authored an article published by The New York Law Journal that examines how to avoid pitfalls of “use” clauses in non-disclosure agreements. The article was published in a special report of the The New York Law Journal focused on M&A. Notwithstanding the fact that NDAs are commonplace in M&A transactions, breaches of NDAs are rarely litigated. Parties may be reluctant to make the dispute public and damages for breach of an NDA can be difficult to prove. Nonetheless, as the authors explain in the article, “use” clauses can have collateral consequences if litigation does arise depending on other provisions in the NDA and how the transaction develops.
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