Mary Zou

October 25, 2019 | New York Law Journal

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 cases discussed herein demonstrate, "use" clauses can have collateral consequences if litigation does arise depending on other provisions in the NDA and how the transaction develops.

By David B. Hennes and Mary Zou

8 minute read