Montana Non-Disclosure Agreement
A Montana Non-Disclosure Agreement (“Confidentiality Agreement”) is a contract that is used when an individual or company needs to disclose confidential information (a business plan, recipe, process, etc.) to another, without risk that the individual or entity learning the secretive information will not share it with a third party, or worse, a competitor. In general, NDAs come in two (2) types:
- Unilateral “One-way”: the more commonly-used NDA, this type should be used when there is only one (1) party who will be sharing confidential information.
- Bilateral “Two-way”: this type of contract is appropriate for use in instances where both parties will be disclosing secretive information to each other.
Trade Secret Law
Montana’s Title 30 Chapter 14 “Uniform Trade Secrets Act” covers how the law handles instances of stolen trade secrets. To aid in the understanding of the chapter, all nine (9) sections have been summarized out below.
- § 30-14-401 “Short title”: States the official title of Chapter 14 i.e., the Uniform Trade Secrets Act.
- § 30-14-402 “Definitions”: Gives the definitions of four (4) commonly used words, “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”.
- § 30-14-403 “Injunctive relief”: This section covers when the court will issue an injunction (a special court remedy that forces a certain act to be stopped—in this case—the Receiving Party from misappropriating the trade secret).
- § 30-14-404 “Damages”: Details situations in which the complainant is entitled to recovering damages caused by misappropriation.
- § 30-14-405 “Costs and attorney fees”: Notes the three (3) situations in which the winning party will have their attorney’s fees paid for.
- § 30-14-406 “Preservation of secret”: Covers what actions the court will take during proceedings to prevent trade secret(s) from being released to the public.
- § 30-14-407 “Statute of limitations”: Sets a time period restriction of three (3) years after the date that the misappropriation was discovered within which a case must be brought forward.
- § 30-14-408 “Effect on other law”: States what the chapter does and does not apply to.
- § 30-14-409 “Uniformity of application and construction”: Provides a brief statement regarding Chapter 14’s intention of being uniform with other state’s trade secret laws.