Michigan Non-Disclosure Agreement (NDA)
The Michigan Non-Disclosure Agreement (NDA) is the official form for keeping secretive information between a select person or group of people. Given its status as a legally-binding agreement, once executed, an NDA significantly minimizes the chances of misappropriation from occurring, as the consequences for releasing information can be significant. For situations in which information will be shared by both parties, the agreement should be made “bilateral.” For the more common situation of one (1) party sharing information to a receiving entity, the form should be made “unilateral.” Because of the form’s usefulness in securing information, the form is most commonly found in business contexts, from onboarding new employees to sharing business plans with investors.
- Michigan Non-Disclosure Agreement Example (Tech University).pdf
- Michigan Non-Disclosure Agreement Example 2.doc
Trade Secret Law
Michigan adopted the Uniform Trade Secrets Act (UTSA) in 1998, which is an act designed to make trade secret laws more consistent to aid companies that operate in multiple states. An outline of Michigan’s Trade Secrets Act (Act 448) can be found below:
- § 445.1901 Short Title: The name by which the Act should be referred to.
- § 445.1902 Definitions: The definitions of “Improper Means, “Misappropriation,” “Person,” and “Trade Secret”.
- § 445.1903 Injunction: Covers when injunctions will be issued by the court.
- § 445.1904 Recovery of Damages: Explains the contexts in which damages from misappropriation will be rewarded.
- § 445.1905 Attorney’s Fees: Lists factors that must be evident for the court to award reasonable attorney’s fees to the prevailing party.
- § 445.1906 Preservation of Secrecy: States the types of actions, such as holding in-camera hearings, that the court may employ in an effort to preserve the Disclosing Party’s trade secrets.
- § 445.1907 Statute of Limitations: Establishes that a case of misappropriation must be brought within three (3) years within discovering the wrongdoing.
- § 445.1908 Other Laws: Clarifies how Act 448 impacts other laws in Michigan’s Legislature.
- § 445.1909 Construction of Act: States the Act is applicable to the states enacting it.
- § 445.1910 Effective Date: Any misappropriation occurring before Oct. 1st, 1998 does not apply to Act 448.