Posts on Jul 2017

CONFIDENTIALITY CLAUSES

Here’s a fun one for your Friday afternoon. This is a clause from an agreement with a large media company:

NEWSWORTHY INFORMATION. Notwithstanding any other provision of this Agreement, any disclosure by XXXXX or Affiliates of Confidential Information in the ordinary course of their business of disseminating news and information is not a breach of this Article; provided that the individuals involved in such dissemination received such Confidential Information from a source other than the Personnel of XXXX involved in the applicable SOW.”

Bottom line? They may violate the confidential provisions of the agreement if they think some of your confidential information is “newsworthy”. And before you say, “AHA! They may not receive it from anyone involved in the project!”, just remember that there are strong protections in place to protect confidential sources.

Our press protections are a double-edged sword. I would never advocate doing away with them or limiting them in any way – but be aware that unscrupulous actors will abuse both the protections afforded the press, and contract language. 😉