Confidentiality Agreements Program

The firm has developed a customized Non-Disclosure Agreement Workflow Program for clients engaged in a business in which their internal business clients generate a regular workflow of non-disclosure agreements as well as related agreements such as joinders and non-reliance letters. These agreements often arrive without warning, with some frequency and require fast turnaround because they represent the initial stage of a transaction that the business would like to pursue. Our in-house counsel clients often find these agreements to be disruptive to their daily routine of handling a wide variety of other more sophisticated work. However, NDAs and their related agreements also require careful attention because they often present troublesome terms, such as non-solicitation clauses, standstills, non-compete provisions and other risky or unacceptable terms creating risk for the company, and therefore they cannot simply be waived through in order to meet the business timetable.

Under the program, the firm takes ownership of the NDA workflow, freeing up the in-house lawyer to focus on her other daily tasks. The firm initially works with your team to develop an NDA playbook at no cost detailing all of your requirements. The firm has developed a significant expertise negotiating thousands of NDAs on an annual basis and understands best practices and market terms which will allow us to negotiate the best terms possible. If desired, a custom email address is established for the business client to submit the agreement to be negotiated – either a form from the counterparty or a markup of the client’s standard agreement.

The firm has a team of lawyers and one attorney is assigned to manage the mailbox at all times, taking responsibility for turning around the NDA or related agreement within the agreed upon time period. In some cases, the lawyer will then negotiate the agreement to execution, and in other cases the lawyer will handle only the initial markup, leaving the final execution to the client’s internal team. The result is a partnership between Berger Legal and the client where a difficult workflow is handled smoothly to the satisfaction of the business client, while the in-house attorney is able to focus on other important matters.

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