Washington Non-Disclosure Agreement
The Washington Non-Disclosure Agreement (NDA) is a form that lists information that cannot be told to competitors, the public, and other third parties. It is used to stop the unlawful spread of confidential information (known as “trade secrets”) that is owned by the individual or entity planning on sharing it. NDAs typically last for 1-5 years, although they can be made to have any duration. Setting the duration as “infinite” is not recommended as it is very hard to enforce in a court of law. Depending on what the form will be used for, it can be used for “two-way” situations (both parties share confidential info), or “one-way” agreements where only one (1) entity discloses secrets.
Trade Secret Law
Washington’s Uniform Trade Secrets Act (Title 19 Chapter 19.108) is the law that dictates how the state courts approach the misappropriation of Trade Secrets. It includes vital information including remedies, definitions, attorney’s fees, and other useful details.
Statute of Limitations (§ 19.108.060): The time limitation for bringing a case of misappropriation is three (3) years.
Attorney’s Fees (§ 19.108.040): In order for the losing party to be required to pay for the other party’s attorney’s fees, one of three (3) things must occur:
- An injunction is resisted (or made) in ill-will,
- Malicious misappropriation exists, or
- A misappropriation claim was made in bad faith.