Louisiana Non-Disclosure Agreement
Designed for restricting an individual or party from sharing confidential information, our Louisiana Non-Disclosure Agreement, otherwise known as a “Confidentiality Agreement” protects anything deemed valuable or classified by the holder of the secret(s), which can range from business plans, recipes, methods, to a doctor’s knowledge of a patient’s conditions. A common situation in which NDAs are prevalent is during the hiring of a new employee. Below you will find an overview of Louisiana’s Trade Secret Law and a how-to for completing the agreement.
Trade Secret Law
Louisiana’s Uniform Trade Secrets Act (§§ 51:1431 through § 51:1439 – scroll to half-way) was added in 1981 and designed to mirror the general Uniform Trade Secrets Act, which was enacted for adoption by the states to try and make the states’ trade secret laws very similar to each other, for the purpose of easing businesses that operated in more than one state. The following is a breakdown of each section of the act:
- § 51:1431 “Definitions” – Covers the definitions of commonly used terms throughout the sections
- § 51:1432 “Injunctive” – When compensation from damages can be received. A complainant (that won) will typically receive either compensation from damages and/or an injunction from the court
- § 51:1434 “Attorney’s Fees” – Situations which garner having the winning party’s attorney’s fees paid for
- § 51:1435 “Preservation of secrecy” – Says what the court will do to preserve the secrecy
- § 51:1436 “Prescriptive period” – The timeframe for bringing a case of misappropriation (also called the statute of limitations)
- § 51:1437 “Effect on other law” – How the act affects other laws
- § 51:1438 “Uniformity of application and construction” – Says the chapter is meant to be similar to other states adoption of the act
- § 51:1439 “Short title” – How to cite the law
How to Write
Step 1 – Before downloading the contract, have both parties go over the document. If either one of the parties does not agree on a condition or would like condition(s) added, take the time to do this now. To make revisions, we have found the Word version to be easier to work around, although edits can be made to the PDF version if need be. Once both parties agree to what they are signing, head to the next step.
Step 3 – Starting at the top of the document, begin by entering the current Date. Next, have both the entity disclosing the trade secret(s), called the “Disclosing Party,” and the entity learning the secret(s), called the “Receiving Party,” write their Full Names (or company names) and their corresponding Addresses.
Step 4 – Although already done in the first step, we highly recommend reading through the contract again to ensure both parties agree on what is expected to remain secret, and what is fair game to share. This small step can save a future headache and potentially change a court verdict if a breach of contract were to occur. Once done, head to the bottom of the document, and have both the Disclosing and Receiving parties write their Printed Names, Company Titles (if not part of a company – leave blank), the Dates they are signing the agreement, and finally, their Signatures. Once both signatures have been inscribed, the contract will be in full effect.