This is part of a series of articles on transactional contracts issues by Prof. Michael L. Bloom and students in the Transactional Lab at the University of Michigan Law School.
Business transactions often involve parties sharing information that they do not want used or discussed outside of the specific transaction. In an effort to protect their information, parties will often negotiate a confidentiality agreement to prohibit undesired use and disclosure of information. While confidentiality agreements are commonly used in many types of deals, the precedent from a prior deal might not be appropriate for a future deal. A drafter should ensure that each confidentiality agreement provides the protections sought, without unintended consequences.
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