By Maryland Law Blogger, this is a good example of a typical non-compete clause within an “employment contract”: a confidentiality agreement is also called a confidentiality agreement and limits the employee or independent contractor to disclose sensitive information they receive in the course of their work. Confidentiality agreements help companies not to fall into the hands of their competitors in order to use information essential for their market position and competitive advantage. Why close an NDA? In the field of information technology, information security is paramount and it is therefore necessary to conclude a confidentiality agreement. Unrealistic geographical and temporal restrictions within such agreements are grounds for rejection by the courts. The dispute between tech giant Apple and its former chip architect Gerard Williams III, who has been with the company for a decade and author of more than 60 Apple patents, is particularly relevant. In March 2019, he left the company and embarked on the development of his startup Nuvia, which was reportedly founded before his dismissal. In August 2019, Apple filed a lawsuit accusing Gerard of violating non-competition, using intellectual property, and hiring staff. The developer, meanwhile, said the company had illegally interfered in his personal correspondence. The California Supreme Court initiated legal proceedings, although the competition bans are illegal under california law, found Gerard`s allegations unfounded, and found that California law did not allow a worker to “plan and prepare a competitive business before firing, if the worker does so at the time of his employer and with the resources of the employer”. While there are cases where this is true, these two legal agreements are legally very different, for two different purposes, and one does not necessarily need to be attached to the other. . .

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