A duty of confidentiality is generally not sufficient to justify a protection decision. “Confidentiality agreements do not exclude the presentation of documents for discovery purposes.” In re C.R. Bard, Inc. Pelvic Repair Systems Products Liability Litigation, 287 F.R.D 377, 384 (S.D. W.Va. 2012) (citing Zoom Imaging, L.P. v. St. Luke`s Hosp.
and Health Network, 513 F.Supp.2d 411, 417 (E.D.Pa.2007); Niester v. Moore, 08-5160, 2009 WL 2179356, verse 3 (E.D.Pa. July 22, 2009). “Non-disclosure agreements are designed to be difficult and costly. Courts cannot apply the liquidated compensation clauses if they constitute a sanction and not an appropriate attempt to defuse an offence. Perhaps a court would find, in certain circumstances, that the agreement was unacceptable and would refuse to apply it. At least I think the court would require the criminal party to pay a refund for the payment that was received in exchange for the undertaking. In the event of a breach of contract, the costs are high,” explains Mr.
Germain. If you are required to provide confidential documents or information in accordance with a subpoena, you may: in both cases, you should collect the documents to be produced in a separate set (for example. B in a file or envelope) and clearly label them (or relevant parts of the documents) as confidential before submitting them to the Court to clearly know which documents/information are claimed for confidentiality. “One of the paths that surrounds it is that the party is obliged to testify under oath in a criminal or civil trial. A private secret agreement does not prevent you from being legally compelled to testify in court proceedings. In a criminal proceeding or before a grand jury, the government can force testimony by using a subpoena. In civil proceedings, a person with relevant knowledge may be compelled to testify by subpoena. A private NOA is not a defence against statutory testimony. I assume most NDAs say that the party will not reveal the absence of legal constraint. But without a legal obligation to disclose, the party would violate the agreement by speaking,” says Germain. If you have received a subpoena, it is necessary to submit to the Court all the documents cited, even if they are confidential. However, if the documents cited are confidential or contain confidential information, the Court of Justice may issue orders regarding access to and consultation with documents and information.
These orders may include that only the legal representatives of the parties have access to the documents/information and can consult them, or a designated person within an identified company. One possible outcome, depending on the nature of the testimony and the risks that the NDA should protect, is that statements or revelations that would endanger the NDA are sealed to limit its dissemination. It is not always an option, but the other party`s legal department has an interest in minimizing the extent to which you are violating your obligations, even if you have no choice but to do so or not. (They can also help you quash if the subpoena is inappropriate.) Can you withhold the documents if you have documents that keep them confidential, but you receive a subpoena that requires disclosure of those documents? In this case, non-persons who receive a subpoena may object in a timely manner and ask the court to lift or amend the subpoena to protect it from disclosure of privileged or protected information, trade secrets or confidential business information. See Fed.R.Civ.P. 45(3); see also U.S. v. Fed`n of Physicians – Dentists, Inc., 63 F. Supp. 2d 475, 479 (D. Del. 1999).
In general, the answer is a confidentiality agreement can`t stop you from being compelled to testify by the court, while it`s certainly a response that you should go to a lawyer and get them to advise when it comes to the situation.