When a business partnership reaches the end of the road, it is not always easy to know how to part ways fairly with finality. Sometimes, this is because partnerships are very simple to establish legally and in some cases do not even require a written partnership agreement of any kind to exist. In other cases, partners may have disagreements about how to resolve outstanding accounts or fairly divide the partnership's leftover assets.
In today's business environment, a surprising portion of contracts include nondisclosure agreements (NDAs), even when their necessity isn't immediately obvious. Of course, it only makes sense that any party should have the freedom to use the law to protect itself in business, but some NDAs far overreach the law and make demands that few courts may uphold.
These days, many employers seek to add an extra layer of legal protection to their business by having employees sign confidentiality agreements before beginning work. This is understandable, especially considering how likely any company is to face litigation over its lifetime. However, many confidentiality agreements handed to fresh employees are not nearly as ironclad as either side may think.
When you enter into a business contract, you have an expectation that all parties involved will reasonably respect the terms of that contract and live up their respective end of the agreement. Unfortunately, when it comes time to execute those terms, you find it is easier said than done to enforce the contract fully. If and when this occurs, you may need to flex some legal muscle to compel the other party to honor their part of the agreement.