Best Strategies for Drafting, Negotiating, and Enforcing Mutual Non-Disclosure Agreements

Kristin Kreuder
Kristin Kreuder
Outside GC LLC

Kristin Kreuder is a seasoned in-house corporate attorney trained at two of the nation's top law firms (Shearman & Sterling and Weil, Gotshal & Manges) with over 24 years of experience advising both public and private companies of all sizes (from start-ups to well-seasoned corporate giants) and individual entrepreneurs across a spectrum of industries, including in the media, manufacturing, energy (gas/power), food/beverage, technology, banking, fashion, sports, medical services and devices, trade association and consulting spaces.

Brian Heller
Brian Heller
Outside GC LLC

Brian Heller has over 20 years of experience as a lawyer and business development executive in Digital Media, SaaS, Ad- Tech, Cloud Services, Online Advertising, e-Commerce, Streaming Media, Social Media, Software, and general Tech, including work for Shearman & Sterling, Akin Gump, AOL, and Private Equity owned startups.

On-Demand: November 21, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Join us for an engaging CLE course designed to equip legal practitioners with essential knowledge and practical strategies for drafting, negotiating, and enforcing Mutual Non-Disclosure Agreements (MNDAs). This course will cover the definition and purpose of MNDAs, key elements, and their significance in various business contexts, including mergers, joint ventures, and private equity transactions. Participants will learn how to navigate common pitfalls, address data privacy concerns, and negotiate effectively with international partners. Through case examples and expert insights, attendees will gain the confidence to protect sensitive information while fostering collaboration in today's complex business landscape.

Key topics to be discussed:

  • MNDAs
  • When to Use an MNDA
  • Drafting an Effective MNDA
  • MNDA Use in the Private Equity Setting
  • MNDAs in the Context of Data Privacy
  • Example Negotiation of an MDNA
  • Seeking Professional Advice

Closed-captioning available

Speakers

Kristin Kreuder_myLawCLEKristin Kreuder | Outside GC LLC

Kristin Kreuder is a seasoned in-house corporate attorney trained at two of the nation’s top law firms (Shearman & Sterling and Weil, Gotshal & Manges) with over 24 years of experience advising both public and private companies of all sizes (from start-ups to well-seasoned corporate giants) and individual entrepreneurs across a spectrum of industries, including in the media, manufacturing, energy (gas/power), food/beverage, technology, banking, fashion, sports, medical services and devices, trade association and consulting spaces. Her clients at Outside GC have included, among many others, Frontera Consulting, Lysis Financial, Specialty Food Association, Inc., Ideal Image, Ascena Retail Group, Paloma Works, ID-Queue, Energy BPO, Transition Overwatch, Great Hill Partners, and Wiederhoeft.

Kristin leverages this experience to provide her clients with practical, business-centric legal advice grounded in a solid understanding of tactical business issues. Kristin regularly handles a broad range of legal matters, including the analysis, structuring, drafting and negotiation of a comprehensive variety of agreements.

 

Brian Heller_myLawCLEBrian Heller | Outside GC LLC

Brian Heller has over 20 years of experience as a lawyer and business development executive in Digital Media, SaaS, Ad- Tech, Cloud Services, Online Advertising, e-Commerce, Streaming Media, Social Media, Software, and general Tech, including work for Shearman & Sterling, Akin Gump, AOL, and Private Equity owned startups.

Brian’s experience at Outside GC spans industries such as: SaaS, Digital Media, Advertising & Ad Tech, E-Commerce, Big Data, IoT, Cloud Services, Hardware, Software, Retail, Development, Energy, Healthcare, Government Contracting, Rare Coins & Collectibles, b2b, b2c, etc.

Agenda

I. MNDAs | 2:00pm – 2:15pm

  • Definition and Purpose of MNDAs
  • Key Elements of a Mutual Non-Disclosure Agreement
  • Differences Between NDAs and MNDAs
  • Importance in Business Context

II. When to Use an MNDA | 2:15pm – 2:30pm

  • Scenarios Requiring MNDAs (e.g., mergers, joint ventures)
  • Risks of Not Using an MNDA

III. Drafting an Effective MNDA | 2:30pm – 2:45pm

  • Essential Clauses in an MNDA
  • Strategies for Drafting
  • Common Pitfalls to Avoid

IV. MNDA Use in the Private Equity Setting | 2:45pm – 3:00pm

  • Governing Law and Jurisdiction Issues
  • Strategies for Negotiating with International Partners
  • Case Examples: Cross-Border MNDA Challenges

Break | 3:00pm – 3:10pm

V. MNDAs in the Context of Data Privacy | 3:10pm – 3:30pm

  • Data Protection Agreements
  • HIPAA Considerations and Business Associate Agreements
  • Cybersecurity Considerations in Information Sharing

VI. Example Negotiation of an MDNA | 3:30pm – 3:50pm

  • Disclosing Party Concerns
  • Receiving Party Concerns
  • Reasonable Compromise Positions

VII. Seeking Professional Advice | 3:50pm – 4:10pm

  • When to Consult Legal Experts
  • Finding the Right Legal Counsel for MNDAs
  • Resources for Ongoing Education and Support

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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