|
Tag: Redirect target changed |
| (8 intermediate revisions by the same user not shown) |
| Line 1: |
Line 1: |
| {{confianat|permitted disclosures}}
| | #redirect[[Permitted disclosures - NDA Provision]] |
| {{regulator requests}}
| |
| ===Court proceedings===
| |
| Is it different for court proceedings? we are deep in anally retentive territory here, fellow contrarians, and if you should find yourself even broaching the subject of what one has to do when compelled by ''[[sub poena]]'' or discovery to make confidential information public then the game is up and you should really just surrender and move on, but for what it is worth, it ''is'' arguably different from a required disclosure to a regulator.
| |
| | |
| On one hand:
| |
| *A litigant may be a market competitor, and its intentions may not be as pure as the driven snow — a disposition which one can (or has little choice but to) take as read for a regulator;
| |
| *The discovery request may be an abusive use of a court progress to fish out some commercial material. So one should be on ones guard and ready to defend it;
| |
| On the other hand:
| |
| *It is a compulsory legal process and, at the limit, you can’t exactly stop it;
| |
| *A civil litigation between you and some other dude, even if it relates to confidential information somehow, might not be something you want the counterpart to an unrelated confidentiality provision to know about: there is a “clash of the confidentialities” here
| |
| *Generally as a litigant you will be in any case incentivised to resist wider disclosure than absolutely necessary. But it is not inconceivable that this confidential agreement is exactly the ammunition you need to shut down the litigation, so again your interests may favour disclosure, while the “discloser’s” may not.
| |
| It is worth stressing that these are all extraordinarily remote and implausible hypotheticals, but is in just such a neck of the woods that the [[legal eagle]] likes to build its nest, ''as we all know''.
| |
| ==={{confiprov|Regulatory disclosure}} and the definition of {{confiprov|confidential information}}===
| |
| {{confidentiality and regulatory disclosure}}
| |
| {{ref}}
| |