NDAs on Trial: What Every In-House Counsel Needs to Know About How Boilerplate NDA Terms Are Viewed in Court

Non-Disclosure Agreements are often treated as boilerplate or rushed through with AI review. But when disputes arise, NDA language can decide millions. For in-house counsel, the stakes are especially high: these “routine” agreements can quickly become courtroom landmines.

Join us on Wednesday, October 8 at 12pm ET as Todd Smithline, CEO of Bonterms; Marc Lewis, Partner at Lewis & Llewellyn LLP; and Grace Ramirez, Attorney at Lewis & Llewellyn LLP examine real cases where definitional glitches, duration mistakes, and return obligations tipped the outcome of high-stakes litigation. Drawing from both litigation and transactional perspectives, they’ll share practical lessons for drafting and negotiating NDAs that actually hold up—and spotlight the next frontier of AI-specific clauses.

Key Takeaways:

• How courts actually read “boilerplate”: real-world cases where NDA definitions, duration, and other key provisions affected outcomes.
• Common drafting traps: from overbroad confidentiality to impossible destruction obligations, and how to avoid them.
• Litigation-proofing your NDAs: practical insights from trial counsel on how courts interpret these terms.
• The next frontier—AI clauses: how to handle requests for special rules about uploading information to AI.

Who Should Attend:

This program is designed for in-house counsel responsible for drafting, negotiating, or enforcing NDAs. It will be especially valuable for general counsel, corporate counsel, and legal operations professionals who want to strengthen their approach to confidentiality agreements and ensure their provisions withstand scrutiny in litigation.

There is NO COST to attend this LIVE program!

This program is FREE, thanks to our gracious sponsor, Bonterms! Negotiate contracts in minutes. If you can’t attend the live program, the recording will be available for viewing via our paid CLE librar, In-House Connect On-Demand!