LexisNexis® Legal Newsroom
Should You Ask Potential Investors to Sign an NDA?

I am frequently asked by entrepreneurs whether I think a startup should ask potential investors to sign a non-disclosure agreement (NDA). While the answer depends largely on the situation, my view is that in most cases an NDA is unnecessary if the only information being conveyed to potential investors...

Venture Capital Term Sheet Negotiation — Part 18: Non-Disclosure and Developments Agreements

This post is the eighteenth in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior seventeen posts, we provided an introduction to negotiation of the term sheet and discussed binding and non-binding provisions and discussed...

Carefully Draft NDAs to Avoid Whistleblower Concerns

In light of the SEC’s first enforcement action against a company for impeding whistleblower activity in violation of Rule 21F-17 , employers may wish to consider clarifying in their agreements, policies and practices that involve confidentiality obligations that employees may provide truthful information...