Once upon a time, the primary value of most companies lay in their physical materials–their inventory, their physical plant, etc. Increasingly, however, the value of a company lies in its intellectual property. Some of this intellectual property, such as trade secrets, needs to be protected by nondisclosure agreements (NDAs). You are going to need a non-disclosure agreement lawyer to draft these agreements appropriately.Schedule FREE Consultation
A Non-Disclosure Agreement (NDA) is a legally enforceable contract between a disclosing party and a receiving party, designed to protect confidential information, trade secrets, and proprietary data. These agreements are commonly used in businesses to safeguard sensitive corporate information, maintain patent rights, and distinguish between what can be disclosed and what must be kept confidential. When individuals sign an NDA, they commit to keeping the shared information confidential. If they breach the agreement and disclose the protected information, the disclosing party can take legal action, seeking damages. Having an NDA provides competitive advantages for a business owner, and consulting with a non-disclosure agreements lawyer in Denver ensures enforceability under both Colorado and federal law.
Businesses use non-disclosure agreements (NDAs) primarily to protect trade secrets that do not enjoy the protection of patent, copyright, or trademark law. A trade secret can be anything from the formula for the KFC secret recipe to lists of key customers. Colorado law places certain restrictions on NDAs.
NDAs restrict the use of confidential information by employees both during and after their employment. To enjoy legal recourse to the courts for misappropriation of your company’s trade secrets, your company must demonstrate an effort to preserve its confidentiality. A well-drafted NDA accomplishes this purpose.
Our law firm employees have extensive experience in planning, drafting, reviewing, and revising non-disclosure agreements, as well as other types of confidentiality agreements. We are well-versed in drafting the following types of confidentiality agreements, among others:
The protected information might include:
Confidentiality agreements can protect many other forms of information as well.
At Sequoia Legal, we have worked with a great variety of institutional clients, including:
Our clients have included private companies, public companies, non-profits, institutional investors, and entrepreneurs. We provide ongoing legal support, as well as help with single transactions such as mergers and acquisitions.
At Sequoia Legal, we take an active and continuing interest in your organization’s long-term success. Our non-disclosure agreement attorneys can leverage our decades of combined experience to help you avoid common pitfalls and take a long-term perspective on moves that your company is making right now.
Our Denver export compliance law firm has extensive experience with export administration regulations, the FCPA and international trade and can assist clients with developing export control and FCPA compliance programs. We ensure each client follows appropriate FCPA, export control compliance and foreign trade regulations for their industry, and our clients hail from nearly every industry sector. The attorneys at Sequoia Legal have successfully assisted and provided continued guidance for several international companies regarding the internal implementation of FCPA and export compliance plans. These companies employ and engage in various transactions with individuals and companies around the world. To ensure continued compliance with US sanctions laws and regulations following the implementation of the FCPA and export compliance programs, Sequoia Legal has conducted company audits, interviews and internal FCPA training programs. Due to the diligence of the Sequoia Legal team, zero issues or enforcement actions have been taken by the US government against Sequoia's clients for any FCPA or export related matter. An investment in a Sequoia Legal compliance plan has saved our clients time, focus and money.
Companies routinely face complex situations when exporting or doing business internationally. There is a complex set of laws and regulations applicable to the persons, places and products involved in international business. Businesses sometimes end up violating or running afoul of these highly technical and complicated rules. Sequoia Legal has represented various US and foreign companies in conducting internal investigations relating to suspected violations of US sanctions and export controls. Following completion of these internal investigations, where necessary, we have assisted clients in voluntarily disclosing suspected violations to US authorities and have obtained favorable outcomes, including reduced penalties or no penalties. This has allowed our clients to sleep at night and continue to expand and do business internationally in compliance with applicable US law.
Our team at Sequoia Legal regularly helps sellers and buyers of businesses navigate the intricacies of the purchase and sale process to help them achieve their dreams. In this case, Sequoia Legal was brought on by the owners of a local technology company in a sale to a strategic acquirer with a total transaction value in the multiple millions. We successfully negotiated transaction agreements, including due diligence with the buyer and post-closing employment agreements, and closed the transaction within an expedited 30 days period. As part of this process, we helped educate the sellers through their first transaction and work through the emotional roller coaster of selling your business.
And Finding It! Sequoia Legal regularly helps search funds and individuals find, acquire and successfully build new businesses. Our client was a search funder focused on acquiring a company in the professional services industry. We assisted in negotiating several LOI's that fell through, but as a result of that process, we found the right acquisition fit and assisted our client in executing an LOI, conducting due diligence, structuring the deal, negotiating the purchase agreement, working with the SBA and completing a deal that included a cash payment, SBA loan and seller financing with a variable note that reduced if certain revenue metrics were not achieved. We then assisted our client with several "tuck-in" acquisitions to further augment and accelerate the client's goals and exponentially grow revenue.
Sequoia Legal found subtle legal loopholes in some of our confidentiality agreements that could have spelled disaster for our small business. Fortunately, with the help of Sequoia Legal, we were able to get these leaks plugged before they did any serious damage to our company.
Our previous attorney had drafted us NDAs that were so full of holes that it left unscrupulous former employees almost complete freedom to deal with our trade secrets as they wished. Sequoia Legal helped us plug those loopholes and prevent further leakage of valuable trade secrets. I can’t recommend them highly enough.
I have used Sequoia Legal for the last 4 years. No matter what my needs are they are quick to respond, follow up and resolve my issues. I wouldn't use anyone else for my legal needs.
At Sequoia Legal, we bring our diverse experiences and know-how to solve complex problems for our domestic and international business clients. Our aim is to understand your objectives and effectively achieve them while maximizing their rights and limiting their risk
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Yes, under almost any circumstances, you can talk to your lawyer about your NDA. Typically it is not the existence of the NDA itself that is secret, but the information that the NDA describes. Even if your lawyer does look at the NDA, it would be illegal for them to disclose this information due to a legal principle known as attorney-client privilege.
Yes, under most circumstances, you can. An NDA, for example, cannot prevent you from reporting illegal company activity and exercising your right to sue (for racial discrimination, for example). If it did purport to prevent you from suing over illegal company activity, the NDA itself would be void as a matter of public policy.
Of course, you can certainly sue under an NDA if someone who is bound by the NDA discloses information about legal company activity for which the NDA forbids disclosure.
You should definitely hire an attorney to draft your NDA agreement for you, and attorneys aren’t cheap. An attorney might charge you $175 an hour or more, and it might take several billable hours to draft the agreement. Contrast that expense, however, with the expense of losing critical company information due to a poorly-drafted NDA.
Yes, definitely. Arguably, a lawyer should draft the entire NDA. At least have an experienced business attorney look over your NDA to make sure it doesn’t contain any errors that could come back to haunt you later.