Confidential Release Agreement - United States

Confidential Release Agreement for the United States

Confidential Release Agreement Template for United States

A Confidential Release Agreement is a legally binding document used in the United States that combines elements of a confidentiality agreement with a release of claims or rights. It provides protection for confidential information while simultaneously releasing certain rights, claims, or obligations between the parties. This document is governed by both federal and state laws regarding trade secrets, contractual obligations, and employment regulations.

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What is a Confidential Release Agreement?

The Confidential Release Agreement is commonly used when parties need to both protect sensitive information and resolve existing claims or potential disputes. This document is particularly relevant in situations involving employee departures, business transactions, or settlement of disputes where confidential information has been shared. Under U.S. law, it must comply with federal regulations including the Trade Secrets Act and state-specific requirements for both confidentiality and release provisions. The agreement typically includes specific provisions for protecting trade secrets, business information, and other confidential data while simultaneously providing legal release from certain obligations or claims.

What sections should be included in a Confidential Release Agreement?

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the confidential release

3. Definitions: Key terms used throughout the agreement including 'Confidential Information', 'Effective Date', and 'Release Period'

4. Confidentiality Obligations: Core confidentiality requirements, restrictions, and permitted uses of confidential information

5. Release Terms: Specific terms of the release including scope, effectiveness, and any conditions precedent

6. Term and Termination: Duration of confidentiality obligations and conditions for early termination

7. Governing Law: Specification of applicable law and jurisdiction for dispute resolution

8. Entire Agreement: Statement that this document represents the complete agreement between parties

What sections are optional to include in a Confidential Release Agreement?

1. Return of Materials: Requirements for returning or destroying confidential materials after the agreement ends

2. Non-Disparagement: Mutual agreement not to make negative statements about other parties

3. Consideration: Details of any payment or benefit provided in exchange for the release

4. Severability: Provision ensuring that if one part of the agreement is invalid, the rest remains enforceable

5. Remedies: Specific remedies available in case of breach, including injunctive relief

What schedules should be included in a Confidential Release Agreement?

1. Schedule A - Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule B - Excluded Information: Information specifically excluded from confidentiality obligations

3. Schedule C - Authorized Recipients: List of individuals or roles authorized to receive confidential information

4. Schedule D - Security Measures: Required security measures for handling and storing confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Agreement
Confidential Information
Disclosing Party

Effective Date

Proprietary Information

Term

Intellectual Property Rights

Clauses

Relevant Industries

Technology
Healthcare
Financial Services
Manufacturing

Relevant Teams

Legal
Human Resources
Information Technology
Executive Leadership
Compliance
Risk Management
Information Security

Relevant Roles

Chief Executive Officer
Chief Legal Officer
Human Resources Director
Chief Technology Officer
General Counsel
Compliance Officer
Risk Manager
Information Security Officer

Industries

Trade Secrets Act: Federal law that provides protection for trade secrets and confidential business information from misappropriation

Defend Trade Secrets Act (DTSA): Federal statute that creates a uniform federal civil cause of action for trade secret misappropriation

Economic Espionage Act: Federal law that criminalizes the theft or misappropriation of trade secrets with the intent to benefit foreign powers

Freedom of Information Act (FOIA): Federal law that provides public access to federal agency records, with exemptions for trade secrets and confidential business information

Securities Exchange Act: Federal law governing securities trading and requiring disclosure of material information for publicly traded companies

National Labor Relations Act (NLRA): Federal law protecting employees' rights to discuss working conditions, which may impact confidentiality agreements

EEOC Regulations: Federal regulations preventing discrimination and protecting employees' rights to file complaints without retaliation

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination, requiring specific provisions in release agreements

Older Workers Benefit Protection Act (OWBPA): Federal law requiring specific provisions for valid waivers of age discrimination claims, including consideration period

State Trade Secret Laws: State-specific laws providing additional protection for trade secrets and confidential information

State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation

State Non-Disclosure Requirements: State-specific rules governing confidentiality agreements and their enforcement

Contract Formation Principles: Common law requirements for valid contracts including offer, acceptance, and consideration

Reasonableness Doctrine: Legal principle requiring restrictions in confidentiality agreements to be reasonable in scope and duration

Public Policy Limitations: Legal restrictions preventing enforcement of confidentiality provisions that violate public policy

Whistleblower Protections: Federal and state laws protecting individuals who report violations of law to government agencies

SEC Reporting Rights: Federal provisions protecting the right to report securities violations to the SEC despite confidentiality agreements

Government Investigation Cooperation: Legal provisions ensuring individuals can cooperate with government investigations despite confidentiality obligations

Attorney-Client Privilege: Legal doctrine protecting confidential communications between attorneys and clients, which may interact with confidentiality agreements

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What is a Confidential Release Agreement?

What sections should be included in a Confidential Release Agreement?

What sections are optional to include in a Confidential Release Agreement?

What schedules should be included in a Confidential Release Agreement?

Authors

Alex Denne

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