Corporate and M&A

U.S. District Court Rules NDA “Use Restrictions” May Limit Pursuit of Alternative Opportunity

Contact: Herrick, Feinstein LLP (New York, New York, USA) 

The Southern District of New York in refusing to dismiss a breach of contract claim found that “use restrictions” in a non-disclosure agreement (“NDA”) may limit the ability of the party receiving confidential information from pursuing an alternative opportunity. The defendant, a private equity investor, entered into an NDA with a broker seeking financing for a corporate client. Under the NDA, the defendant was permitted to use the confidential information covered thereby only... : : Click Here to Read More

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