NDAs ARE IMPORTANT

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Negotiating confidentiality and non-disclosure agreements (NDAs) is one of the first hurdles to be cleared in any potential deal. It can set the tone for all deal negotiations and can protect you from ­– or, if improperly negotiated, expose you to – legal and business risk down the road. Even if a deal falls apart.

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GETTING THE JOB DONE

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Some companies handle NDA negotiation internally. This can be time-consuming and ultimately result in greater costs as resources are diverted from higher impact work. Additionally, internal staff often do not have the experience to effectively negotiate not only standard NDA terms concerning confidentiality and use but also tricky restrictive covenants, such as non-solicits, standstills and non-circumvents.

 

Outsourcing is the most efficient way to handle NDAs. However, a traditional law firm will typically assign this work to an untrained junior attorney and still charge exorbitant hourly rates. And national network legal service companies, while sometimes less expensive, may pair you with an attorney with little to no NDA negotiation background and whose first priority may not always be you.

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WE'RE EXPERIENCED, COST-EFFICIENT & FAST

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Broadway & Elmer (B&E) is a boutique law firm with a focus on NDA negotiation. We offer competitive, flat-fee pricing and 24-hour turnaround service.

 

We are New York City–based, big-law trained lawyers with over 18 years’ experience in M&A, securities, finance and real estate. We have worked closely with several private equity clients, including one of the world’s largest private equity firms and several of its portfolio companies. We have negotiated literally thousands of NDAs covering private equity, credit, natural resources, real estate and hybrid platforms, for deals both domestic and foreign, including the following industries: