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Questions and Professional Answers

Questions and Professional Answers

  • confidentiality statement

    I am developing a concept for a design which I have not yet obtained a utility patent for. I would like to start talking to people about my concept; mostly regarding how to further develope it and bring it to market. Is it appropriate to draw up my own confidentiality statement? If so, what should be included in it.
    • Re: confidentiality statement

      You should have a short confidentiality agreement in hand, but many prospective buyers/licensees will have their own form.Confidentiality protection got something of a boost from the Disney case in Florida, which was mostly about Disney's misuse of a concept that was pitched to them in confidence.No great magic to the form -- as long as it makes clear that you are presenting something in confidence and that the recipient agrees not to use the information so presented, you cover the key concept. I can send you a form if you need one.Good luck!

      Lawrence Graves
      Coolidge & Graves PLLC
      39 Central Square #173
      Keene, NH 03431
    • Re: confidentiality statement

      If you have a source for a quality Confidentialty Agreement, and it covers the bases you need covered, then using it would not be a great risk in my opinion. Such agreements are reasonably standard.To find out what's included and how to write it are the things lawyers are in business for, and if you want a professionally-drawn Confidentiality Agreement then retaining a lawyer to create it for you is the answer.

      Charles Aspinwall
      Charles S. Aspinwall, J.D., LLC
      PO Bx 984
      Los Lunas, NM 87031-0984
  • Email Confidentiality Statement

    Is the below sufficient for an email confidentiality statment? Is there exposure that more language would alleviate? Thanks.======This privileged email (including attachments) is only for addressee(s). Any other use prohibited.
    • Re: Email Confidentiality Statement

      The language you have employed is at best minimal and will not discourage most offenders. There is not much in the way of unilateral language that will have the effect you desire. Depending on what it is that you are trying to protect there other steps that can be taken to protect your property. Procedures like copyright, trademark, patent and registration with third party custodial services and the notices that are suggested by those protectives, will serve you best. If your business is important, you should consult with the services of an attorney.Please feel free to contact this firm if you think we can be of service.The Chavers Law Firm, P.C.The Watergate, 2600 VA. Ave. suite 200N.W. Washington DC 20037202/333-8575office www.cchavers@chavlaw.comwww.chavlaw.com

      Clayborne Chavers
      The Chavers law firm, P.C.
      The Watergate, 2600 VA Ave. Suite 200
      N.w. Washington, DC 20037
  • Confidentiality

    If a broker/agent requests a private placement memorandum from an individual interested in seeing if they can help raise funds, and the agent turns around and forwards the PPM to a potential competitor without consent of the individual, has the agent violated any laws or subject to a lawsuit? The draft PPM included a legal statement on the cover page requiring the receiver to maintain confidentiality.
    • Re: Confidentiality

      From the facts that you have presented you possibly have a cause of action. However, I need to review the PPM. Please contact my office.

      Siamak Pishvaee
      Pishvaee & Bavar
      11500 West Olympic Blvd., Suite 400
      West Los Angeles, CA 90064
    • Re: Confidentiality

      There are numerous bases for violation of agency, breaches of contract, conflict of interest, breaches of confidentiality and numerous other kinds of claims that you may have in this situation. Your fax or not sufficient for me to totally advise you. This is likewise a breach of potential securities laws as well as potential breaches of fiduciary duty. You should do nothing before you see an attorney who has litigation experience in this area. There are numerous questions I have which would need answering before I could properly advise you on what if any claims you may have in what if any damages you may have because of the actions of the agent. I would advise you see an attorney immediately. Additionally, I am concerned that the agent still has the authority to deal with your ppm in a manner which is not your best interest. If you wish to consult with me I am in the San Francisco Bay Area 925 -- 945 -- 6000

      Michael Olden
      Law Offices of Michael A. Olden
      1035 Alta Mesa Drive
      Moraga, CA 94556
    • Re: Confidentiality

      I would say that it depends upon the exact nature of the relationship(s) between the parties. Not everyone to whom a fund-raising document is delivered is obliged to keep it secret, and this includes persons who are licensed as broker-dealers. However, in many instances a fiduciary relationship may exist, or an understanding that the PPM was confidential which would be sufficient to impose laibility for breach, and in some but not all situations the broker/dealer would be subject to discpline.In general, and subject to many exceptions and techicalities, in order to recover damages you would have to show that you suffered actual financial harm and that the harm was caused by the breach of a duty owed to you.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318
  • Criminal Law Confidentiality

    What laws are there on confidentiality?What are lawyers taught in school about it?Is a lawyers confidentiality with his' or hers' client considered immorality and dishonesty?How do you personally feel abotu the matter?
  • Signed Confidentiality Agreement

    If you signed a confidentiality agreement as a data recovery computer tech and found info on someones hard drive alluding to a serious crime are you leagally bound by the confidentiality agreement to not report it?
    • Re: Signed Confidentiality Agreement

      You MUST report the crime if it involves child abuse (including child porn) or abuse of the elderly. It's a crime not to report child abuse or elder abuse. Confidentiality agreements cannot prevent you from reporting criminal activity, so you are free to report it, if you desire. If the criminal activity is ongoing, you could be charged in rare circumstances as an accessory if you don't report it.

      Brent Rose
      The Orsini & Rose Law Firm
      410 Ware Boulevard, Suite 401
      Tampa (and Throughout Florida), FL 33619
  • Confidentiality after death

    Is there confidentiality after death? If a patient with no will, no siblings, no spouse, and no children, commits suicide, does his therapist have the right to identify the person as a patient and discuss his case by name? If the therapist has been designated as the deceased's ''representative'' does that change concerns about confidentiality?Thanks for your assistance
    • Re: Confidentiality after death

      see California Civil Code Sections 56.10 through 56.16 at:http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20see also:http://www.usdoj.gov/04foia/04_7_1.html

      Donald Field
      Donald L. Field, Jr., Attorney at Law
      400 Montgomery Street, 6th Floor
      San Francisco, CA 94104-1217
  • Confidentiality clauses and criminal activity

    I have a question relating to confidentiality clauses in internal college hearings. If during the hearing, it is found out that the accused has committed a severe crime, like rape or murder, are the participants in the hearing not able to report the crime to appropriate law enforcement officials due to the confidentiality clause?
    • Re: Confidentiality clauses and criminal activity

      No, the public policy concerns favoring full disclosure to law enforcement of allegations of serious crimes in such a situtaion as described would necessarily trump any constraints that would ordinarily be imposed on the participants by the college's confidentiality requirements.

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
  • Confidentiality Agreement

    I have a file for a construction project that needs to be reviewed by a general contractor. My question is this: If I send a pdf of the file and attach a confidentiality agreement to the email by saying something like''By opening this email you are bound to the confidentiality agreement enclosed, would that be legal in a court of law?
    • Re: Confidentiality Agreement

      The simple answer is probably not. Have the NDA signed before you transmit the file.

      Patrick Tracy
      Patrick J. Tracy, Esq, P.E.,
      P.O. Box 93
      Garrett Park, MD 20896
  • Agreement - Need Help

    Hi there, I have a question to which I am seeking answers to. How do I go about putting together a Confidentiality Agreement or NCND & Confidentiality Agreement together without disclosing the where-abouts of the premises. Seems a bit risky to let the other Broker / Buyer / Client know the address on the agreement before he signs it. He just might go ahead and see the address and not even sign the paper. It is quite difficult. Please help me out -maybe if you have the proper agreement in this case. I eventualy may have to type up a confidentiality agreement with th address of the property. (Maybe if I am allowed I can have my client sign a confidentiality agreement with no address and then make him sign another one with the address). I dont know what to do, It is so stressfull please help me. Thanks for your time.
    • Re: Agreement - Need Help

      Contact me Monday if you want me to prepare this agreement for you and discuss your options.

      David W. Nance
      DWNance.com founding member of NanceGroup.com
      5700 Magazine Street
      New Orleans, LA 70115
  • Agreement, General Release and Confidentiality Statement

    I have been asked to sign this agreement and I question the offered compensation.
    • Re: Agreement, General Release and Confidentiality Statement

      YOu should consult with an attorney regarding your rights

      Mary J. Hoeller, R.N., J.D.
      Attorney At Law
      One Indiana Square, Suite 2525
      Indianapolis, IN 46204