Here’s Your Escape from NDA Reviews
We know what you wanted from your legal career.
Perhaps you envisioned building your reputation solving the tricky problems in your commercial law firm, spending your days closing those high-profile transactions. Maybe you wanted to help that business you believe in grow by playing an instrumental role in-house; the Tom Hagan to the Corleones, without the Tommy guns.
No matter the reason, the vision is the same. You imagine yourself in the thick of the action, solving those problems that nobody else can, celebrating the end of the day with your team having done a thrilling job well.
The reality, what we at NuCAS hear time and time again, is the opposite; that these dreams are being hampered, if not derailed, by an overwhelming amount of business-as-usual tasks. Chief amongst those tasks are the dreaded reviews of Non-Disclosure Agreements (NDAs). This is a workstream that comprises the unholy trinity of being complex, time-consuming and urgent.
Actually, not just urgent, but an imperative first step in establishing any transaction or commencing any professional relationship. Be it selling an asset or target company to potential buyers, seeking debt or equity finance, or simply appointing an adviser or service provider, it all starts with an NDA. Before any substantial talks can start, these need to be carefully negotiated and agreed to the satisfaction of all parties, and that takes time.
These aren’t just small promises to keep pockets of confidential information secret. These are complex, intricate documents, setting the stage for the terms of service moving forward. Who you can talk to, hire, partner with or indemnify - it’s there somewhere, maybe around clause 20, and the other side has some strong thoughts. And once this one is agreed, there are ten more on your desk to pick up next, with every hour this bottleneck remains damaging commercial relationships and opportunities.
If this sounds at all familiar, then the appointment of a Managed Legal Service partner like ours is your solution. Our experienced team has full knowledge of the market-standard conditions of the common, and not so common, clauses in NDAs, whether we are acting for the recipient of confidential information or the discloser.
If you are setting up an NDA sell-side transaction and are expecting multiple mark-ups for the same project, if you are simply appointing a sole adviser, or anything in between, our team has done it all, and we can take a forward-thinking and commercial approach to ensure that contracts are agreed promptly with minimal impact to your commercial and legal teams.
Whether you have detailed playbooks explaining your preferred and comprised approach to those clauses that matter to you, or if you’d like us to simply take a common-sense market approach to responding mark-ups, or whether you would like us to work with your familiar template, or review the brand-new format that’s been provided by the other side, we can adapt and tailor a bespoke approach to suit your needs.
We operate with scalpels, not sledgehammers, addressing the specific concerns raised by your counterparties directly and ensuring that no extra time is spent in the negotiation stage than is necessary, meaning you can promptly get on with the tasks that add value to you and your business, the reason the NDA is being signed in the first place. In the meantime, you can relax, knowing that you’ve made a wise and cost-effective choice to help make your dream job one step closer to becoming a reality.
If this seems appealing to you, then I will end with those words you must have seen a hundred times before; let’s jump on a quick call and we can close this out.