Is an unsigned confidentiality notice in the preface of a business plan enforceable?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is an unsigned confidentiality notice in the preface of a business plan enforceable?

Sample language: By accepting delivery of this Memorandum, you acknowledge and agree that all of the information contained herein is of a confidential nature and may be regarded as material non-public information. Is this language, unsigned, sufficient to protect the plan author and owner and litigate in case of breach of confidentiality?

Asked on March 10, 2011 under Business Law, Alaska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Any unsigned agreement in this situation is wholly unenforceable or the enforceability is at a minimum in question.  For example, if you plan on releasing confidential documents for use in a hearing or for a limited purpose to someone, you need to ensure that you have all the cards on your side and don't release anything until you get a signature. Simple delivery is not sufficient for a number of reasons, including the possibility the delivery is not perfected or it is submitted to the wrong person.   Further, if the information is actually something that is not considered private, the confidentiality agreement can be voided.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption