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  1. #1
    Join Date
    Aug 2019
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    1

    Default What is Considered Confidential Information

    My question involves business law in the state of: Texas

    I'm curious as to what the legal threshold is for information to be confidential? Our company has confidentiality/non-disclosure agreement that all employees must sign. The language basically says that anything that isn't publicly available can't be shared. the company is always pitching to potential investors and never requires a potential investor to sign an NDA unless they are going into deeper diligence. The pitchbook that is presented to investors includes a ton of information that management tells employees they can't discuss any of it if they leave as it is under the confidentially agreements they signed.

    If the information is shared openly with potential investors not under an NDA, can is still be considered confidential? It has probably been presented well over 100+ times.

    thanks,
    sponger

  2. #2
    Join Date
    Jul 2018
    Posts
    2,213

    Default Re: What is Considered Confidential Information

    Quote Quoting sponger
    View Post
    I'm curious as to what the legal threshold is for information to be confidential?
    There is no one-size-fits-all standard for what is or isn't "confidential."


    Quote Quoting sponger
    View Post
    If the information is shared openly with potential investors not under an NDA, can is still be considered confidential?
    Sure. Whether something is "considered confidential" is a completely subjective thing.

    Without any context whatsoever, it is unlikely that any court would hold that information freely disclosed to potential investors without a confidentiality agreement is "confidential."

  3. #3
    Join Date
    Oct 2016
    Posts
    3,805

    Default Re: What is Considered Confidential Information

    Short answer, yes it can still be covered. What the company chooses to share with outsiders has little to do with what you are allowed to share under the NDA.

    If you want a longer answer you are going to need to tell us what your goal is.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,777

    Default Re: What is Considered Confidential Information

    Quote Quoting sponger
    View Post


    If the information is shared openly with potential investors not under an NDA, can is still be considered confidential? It has probably been presented well over 100+ times.
    As a practical matter, confidential is what the boss says it is. Remember, your employment is at will. If the boss says don't talk about it you risk getting fired if you talk about it.

  5. #5
    Join Date
    Aug 2019
    Posts
    14

    Default Re: What is Considered Confidential Information

    Quote Quoting PayrolGuy
    View Post
    Short answer, yes it can still be covered. What the company chooses to share with outsiders has little to do with what you are allowed to share under the NDA.

    If you want a longer answer you are going to need to tell us what your goal Tutuapp 9Apps ShowBox is.
    I'm curious as to what the legal threshold is for information to be confidential?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What is Considered Confidential Information

    Quote Quoting DENIMKATY
    View Post
    I'm curious as to what the legal threshold is for information to be confidential?
    Do you really or are you simply sowing the seeds of spam?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,333

    Default Re: What is Considered Confidential Information

    Confidential information is whatever the PTB decide it is.

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