Bootcamp - NDA Agreements & Contract Dispute Resolution, Renegotiation
04 Sep 2019
- 01:00 PM to 02:30 PM EST
180 Minutes

Join Dr. Jim Castagnera, Esq., as he walks us through the minefield of the non-disclosure agreement and related “boilerplate” provisions.
Even if a contract is properly formed, there may be disputes as to the performance of contract duties. This webinar, will discusses the various methods of resolving contract-related disputes, the benefits and drawbacks of different strategies, and what role contract interpretation plays in the decision-making process.

Bootcamp - NDA Agreements & Contract Dispute Resolution, Renegotiation

James Ottavio Castagnera, J.D., Ph.D., has spent nearly 30 years practicing, writing about, and teaching law. He has been a faculty member at several institutions and a communication director at an R1 university, and is currently a key administrator at Rider University.

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Overview:-

Part 1 - Sep 4th at 1 PM EST - Non-Disclosure, Confidentiality, No-Solicitation, and Non-Compete Agreements

Part 2- Sep 5th at 1 PM EST - Contract: Dispute Resolution, Renegotiation, and Contract Interpretation

Overview:-

Part 1 - 

NDAs are everywhere and they have been around forever. Non-disclosure agreements can be found in every industry. They may be freestanding contracts prefatory to the commencement of confidential negotiations. They can be found in contracts of employment and intellectual-property licensing agreements. They may cover information exchanges in all types of joint ventures. Quite literally, they really are everywhere… woven into the fabric of research & development, employment and independent contracting, licensing and sales… even impacting real estate deals and construction contracts.

They recently stepped into the national spotlight with the advent of the “#MeToo” movement this year. Revelations in litigations involving film mogul Harvey Weinstein and other alleged miscreants brought to light airtight NDAs included in sexual-harassment settlement agreements. Advocates of full disclosure argue that such non-disclosure provisos in assault and harassment settlements offend public policy by leaving offenders free to continue their patterns of bad behavior. Some state legislatures have moved to make NDAs unenforceable in this context.

While NDAs aimed at concealing questionable conduct will be relatively rare for most practioners, demands for non-disclosure protection are increasingly common and are often essential for commerce in our Information Age. For example, data released in January 2018 revealed that a third of the U.S. workforce is bound by NDAs… and the breadth of these provisos also has expanded.

One of the most interesting (and perhaps frightening) aspects of the NDA is that it can be like “The Walking Dead.” Negotiations may collapse. The employment relationship may end. The contract may be completed. The research report may be delivered. Under any and all such circumstances, the NDA very likely will live on, so long as the information conveyed is kept confidential and considered a valued asset by the party to whom the non-disclosure protections run.

Two additional issues of crucial import are (1) what information is covered under the NDA umbrella (the scope of protection may far exceed trade secrets as defined by statutes and case law), and (2) who in the organization is authorized to execute the NDA.

In this webinar join expert speaker Dr. Jim Castagnera, where he will discuss the types of NDAs: freestanding; boilerplate in a more comprehensive contract or contractual relationship; in the corporate policy manual or employee handbook. 

Session Highlights: 

  • The essential aspects of an NDA: the identity of the parties; bilateral or unilateral; duration; categories of confidential information; remedies for a violation 

  • Exclusions from the NDAs coverage, by express language or by operation of the law 

  • Limitations on the use of the confidential information by the recipient and steps required to protect it from disclosure 

  • International aspects of NDAs, including their enforceability in major trading nations such as Australia, China, and India 

  • Non-NDA provisions in NDA Agreements 

  • Legal remedies and the impact of arbitration clauses 

Why You Should Attend: 

While NDAs aimed at concealing questionable conduct will be relatively rare for most practitioners, demands for non-disclosure protection are increasingly common and are often essential for commerce in our Information Age. For example, data released in January 2018 revealed that a third of the U.S. workforce is bound by NDAs… and the breadth of these provisos also has expanded. This webinar will also cover:- 

  • What information is covered under the NDA umbrella (the scope of protection may far exceed trade secrets as defined by statutes and case law), and (2) Who in the organization is authorized to execute the NDA? 

 

 

Overview:- Part 2-

Despite our best efforts as counsel and our clients’ best intentions, contracts sometimes result in disputes rather than commercial success stories. From interpretation of the terms of the deal to disagreements over whether one party adequately performed, the parties will need to find a way to resolve their dispute. What is the best way to do so? Do we go to court? Mediate and/or arbitrate? Renegotiate? Under any one or more of these options, looking to the contract and interpreting its terms will play a crucial role.

Contract law includes the rules set and administered by the state that determine when an agreement is enforceable, the grounds on which a breach of the agreement will be found and the consequences. Contract enforcement is one of the pillars of the rule of law.

Contract disputes are the most common disputes in business or commercial dealings. When any dispute occurs in between the parties, you may find the difference in interpretation of the contract. Contractual disputes can arise in between suppliers and retailers, contractors and subcontractors, in between partners, in between parties to a land contract or in a joint venture agreement.

 

Please join Dr. Jim Castagnera, Esq. as he discusses the various methods of resolving contract-related disputes, the benefits and drawbacks of different strategies, and what role contract interpretation plays in the decision-making process.

 

WHAT YOU WILL LEARN

 

What this webinar will cover:

 

  • The basics of alternative dispute resolution: mediation and arbitration
  • The pros and cons of going to court
  • When renegotiation holds out hope and how to approach it
  • Contract interpretation: whose feet get held to the fire in the face of ambiguity?
  • AND MUCH MORE!

 

Who Should Attend: 

  • Attorneys, including in-house counsel 

  • Chief Information Officers 

  • Chief Human Resource Officers 

     At the Q&A session following the live event, ask a question and get a direct response from our expert speaker

    Important Note
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    3. For Web download - You can download recorded video & handouts from user dashboard after Live webinar session.

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