Law360, New York ( July 30, 2012, 1:34 PM EDT) -- A confidentiality agreement (CA) is typically the first negotiated document in a purchase transaction. These agreements are often negotiated by junior members of the transaction team prior to one (or both) parties engaging outside legal counsel. CAs set the stage for a transaction and, as recent cases have shown, can define the playing field in the event that a deal falls apart. Three cases decided in the last three months highlight the significant effect a CA can have after the parties have decided not to pursue a transaction....
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