28/02/2024, 10:17 (6) Feed | LinkedIn New posts Schedule a Demo contractpodai.com Sign Up 62 2 reposts Like Comment Repost Send Hayley Tibbie likes this The Australian Financial Review 714,477 followers 15h • The Australian Financial Review has dug through calculations of pay disparity at more than 5000 companies to zero in on the ASX200 and the largest private firms. Full list: the gender pay gaps at Australia’s top 250 companies afr.com • 1 min read Hayley Tibbie and 8 others 9 Like Comment Repost Send Shaun Sethna • Following Legal Leader for Tech Companies | Dad to the World's 2 … 8h • "'Confidential Information' means all non-public information relating to the Product that is disclosed to Recipient, including the financial, business, and technology information of the Discloser." I know people have strong feelings about NDAs, and there are no doubt various opinions on how the above could be better. https://www.linkedin.com/feed/ 3/9 28/02/2024, 10:17 (6) Feed | LinkedIn But I want to focus on one specific #ContractTrap here: the part starting with "including". New posts There are two ways to interpret that part. 1 / It gives an example of the categories of information that, if they relate to the Product and disclosed to the Recipient, should fall within the definition of Confidential Information. 2 / It gives an example of categories of information that, regardless of whether they relate to the Product or are disclosed to the Recipient, should fall within the definition of Confidential Information. I suspect (but have never really asked) that most people intend to use the first interpretation. But I think the more reasonable interpretation is the second one. And if I'm the Recipient (or if it's a mutual NDA where I'm mainly receiving information), I don't like that interpretation at all. So what I generally do is modify the clause so it reads, "including such information constituting the financial, business, and technology information of the Discloser." By using "such information," I'm ensuring the limitations from before the "including" statement are applied to the examples that follow "including." #contracts #inhousecounsel 63 20 comments · 2 reposts Like Comment Repost Send Add a comment… Most relevant Joel Roy • Following 8h Biotech Counsel & Part-Time Troublemaker @ Novartis IMI | Modern Counsel 35 under 35 | 2023 Legal Disruptor | Driven #Intrapreneur | What about using "namely" instead of "including"? Like · 1 Reply · 5 Replies Load previous replies https://www.linkedin.com/feed/ 4/9
