Confidentiality Agreements: After-the-fact is way too late

Nina L. Kaufman, Esq.

Nina L. Kaufman, Esq.

Nina L. Kaufman, Esq., owner of Ask The Business Lawyer, is an award-winning business attorney, speaker, and Entrepreneur Magazine online contributor. She saves consulting and professional services companies time, money, and aggravation by serving as their outsourced legal counsel.

Posted on August 25, 2017 in Business Transactions, Video/Audio

Can you force someone to sign a confidentiality agreement after you’ve disclosed sensitive information? Or after they’ve already done the work for you? No. To use an old farm expression, that’s like “closing the barn door” after the horse is gone.”

I discuss a colleague’s tale in the video, below. She was a subcontractor on a corporate training program. A year after doing the trainings, the contractor wanted her to sign an agreement saying she’d never work for those clients again. Are ya kidding me? Should have thought of that before engaging the subcontractor.

Do you agree?

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