Non-disclosure agreements are important legal instruments that are used by businesses to protect their confidential information from being shared or leaked. These agreements, also known as NDAs, are typically signed by employees, contractors, and other individuals who have access to sensitive information.

However, sometimes disputes arise over the validity and enforceability of these agreements, leading to litigation and the development of non-disclosure agreement case law. In this article, we will explore some of the key cases that have shaped the landscape of non-disclosure agreement law.

1. PepsiCo, Inc. v. Redmond – In this case, a former executive of PepsiCo, Redmond, was hired by Quaker Oats, a PepsiCo competitor. PepsiCo sued Redmond, claiming that he had violated his NDA by taking confidential information with him to Quaker Oats. The court ultimately ruled in favor of PepsiCo, stating that Redmond had breached his NDA and that the information he had taken was indeed confidential.

2. Sun Microsystems v. Microsoft Corp. – In this case, Microsoft was found to have violated an NDA it had signed with Sun Microsystems. The court found that Microsoft had reverse-engineered Sun’s software, which was protected by the NDA, and had used it to develop its own technology. Microsoft was ordered to pay $1.1 billion in damages to Sun Microsystems.

3. Jacobsen v. Katzer – This case involved an open-source software developer, Jacobsen, who claimed that Katzer had violated the terms of an NDA by using his software without giving credit or compensation. The court ruled in favor of Jacobsen, stating that open-source software developers have the right to protect their creations through NDAs, and that Katzer had indeed violated the terms of the agreement.

4. Waymo LLC v. Uber Technologies Inc. – In this highly publicized case, Waymo, a self-driving car company, sued Uber for allegedly stealing its trade secrets. Waymo claimed that an engineer who had worked for the company had taken confidential information with him when he left to work for Uber. The case was ultimately settled, with Uber agreeing to pay Waymo $245 million in equity and stating that it had not used any of Waymo’s trade secrets in its self-driving technology.

These cases illustrate the importance of carefully drafting and enforcing NDAs, as well as the consequences for breaching them. As technology advances and the threat of trade secret theft grows, it is likely that we will continue to see NDA-related litigation and the development of non-disclosure agreement case law.