Issue: In Nebraska, how is breach of confidentiality determined?
| Area of Law: | Business Organizations & Contracts, Employee Law |
| Keywords: | Breach of confidentiality; Determination; Legality of confidentiality agreements |
| Jurisdiction: | Nebraska |
| Cited Cases: | 610 N.W.2d 723; 246 Neb. 619; 87 Wash. App. 1034; 259 Neb. 492; 929 S.W.2d 460 |
| Cited Statutes: | None |
| Date: | 01/01/2001 |
There is a paucity of case law in Nebraska that discusses the legality or implementation of confidentiality agreements, provisions, or clauses in settlement documents. In fact, there appears to be only one case in Nebraska that utilizes the term Aconfidentiality agreement.@ That case, Cattz, Inc. v. 4-L Manufacturing, Inc. , No. A-98-886, 1999 WL 1063087 (Neb. Ct. App. Aug. 10, 1999), deals with the issue of whether a confidentiality agreement entered into between two companies in the manufacturing field is to be considered an integrated document or whether evidence of oral contract dealings is allowable under the parol evidence rule.
In Woodmen World Life Insurance Society v. Kight, 246 Neb. 619, 623, 522 N.W.2d 155, 158 (1994), the court confirmed that settlement agreements must be subject to the general principles of contract law.
In Phipps v. Skyview Farms, Inc., 259 Neb. 492, 498, 610 N.W.2d 723, 730 (2000), the court noted that in order to recover for a breach of contract the plaintiff must both plead and prove the existence of a promise, its breach, damages, and compliance with any conditions precedent that activate the defendant=s duty.
A few cases from other jurisdictions may also provide some guidance in this matter. Overall, there is a lack of case law that deals with the general issue of the enforceability of a confidentiality agreement. However, there are cases that discuss […]