Small business of-interest and need-to-know…….value of NDA when challenged.
Excerpt……..The two most significant questions examined by the court, both resulting from contractual ambiguities, were the following:
1. Whether restricting the use of confidential information to evaluation of a “Transaction” effectively prohibited the use of the confidential information for the purpose of evaluating an unsolicited transaction?
2. Whether the exception to confidentiality, permitting the disclosure of confidential information as “legally required,” permitted disclosure of confidential information “legally required” to be disclosed solely as a result of Martin Marietta’s own decision to launch a hostile offer?