What To Consider When Crafting Biotech NDAs

By Simone Raess & Jeff Morton

Many biotech transactions involve NDAs, which are designed to protect the value of information by preserving its confidentiality. Many people view creating an NDA as a mechanical exercise — downloading a template from the internet is often viewed as sufficient. Unfortunately, these NDAs are often unsuitable for the transactions to which they are applied, leaving terms ambiguous or inapplicable. Let’s look at some terms you may want to carefully tailor in each biotech-related NDA.