How should you use a confidentiality agreement to protect your trade secrets and how effective are they anyway?

Many commercial clients still regard a Confidentiality Agreement or Non-disclosure agreement (NDA) as routine documents that do not require detailed consideration or legal advice. Are you one of them?

They are all the same aren’t they?

I must have seen and reviewed several hundred Non-disclosure Agreements in my 11 years in commercial practice. NDAs vary from a half page statement through to a comprehensive 8-10 page document. Usually a two to three pager, or possibly a concisely drafted and formatted one page document, will meet most needs. 80-90% of the clauses will be the same in all agreements and can be scanned quickly when you know what you are looking for; but the 10-20% unique clauses are the ones to watch out for. It is usually these that have the potential to catch you out.

What type of information? For what purpose is it being disclosed. How sensitive is the information? What is the upside? What is the downside? What is the shelf-life of the confidential information? What practical methods are there of securing the confidential nature of the information? Can the obligation be enforced on employees, advisers, holding companies or subsidiaries?

Who bothers suing for breach of an Confidentiality Agreement? Aren’t they just symbolic?

There is a widely held belief (which I have some sympathy for) is that the mere presentation of an NDA at the outset of a relationship is more important than the signature itself. Asking the other party to sign an Confidentiality Agreement is a good to way to set the mindset of the recipient. Often this has the desired effect of putting the recipient on notice and reinforcing the duty of care that is then owed to keep the information confidential.

The usual remedy for unauthorised disclosure is an injunction preventing the recipient from disclosing the confidential information. Admittedly the costs of obtaining an injunction may outweigh the benefit of securing one. Once the information is in the public domain it is difficult to persuade a judge to grant an injunction. The remedy then is damages.

I’ve got better things to spend my time on than negotiating or obtaining a written agreement?

To a practised eye a review of a draft Confidentiality Agreement needn’t take that long. A good commercial lawyer should be able to identify the 10-20% and advise of any tweaks that may be required. If your bargaining power is weak, you will at least sign with knowledge of the consequences.

Author Bio
Martin Truman is head of commercial law firm, Truelegal Solicitors. For more information about Confidentiallity Agreements visit www.legal-advice-centre.co.uk/confidentiality-agreement.html

Identity Theft – the 10 Best Tips You Can Use Right Now!

We’ve all heard horror stories about fraud that’s committed by someone stealing a name, address, Social Security number or credit card. Here are 10 suggestions you can take to help protect yourself.

1. The next time you order checks, have only your initials (instead of your first name) and last name put on them. If someone takes your checkbook, they won’t know if you sign your checks with just your initials or your first name, but your bank will know how you sign your checks.

2. When you are writing checks to pay your credit card accounts, DO NOT put the complete account number on the “For” line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels won’t have access to it.

3. Put your work phone number on your checks instead of your home phone. If you have a PO Box, use that instead of your home address. If you don’t have a PO Box, use your work address.

4. Never have your Social Security number or driver’s license number printed on your checks. You can add it if it is necessary. But if you have it printed, anyone can get it.

5. Place the contents of your wallet on a photocopy machine. Do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. Keep the photocopy in a safe place. It’s also a good idea to carry a photocopy of your passport when traveling abroad.

6. For couples or friends traveling together – each of you should carry a different, unique credit card. For example, one of you could carry a Visa card and one of you a Discover card. Don’t both carry the same credit card! That way if one of you has their credit card stolen, you still have a valid credit card to use and aren’t completely without funds while you are traveling.

7. Another tip for couples or friends traveling together – each of you should carry the other person’s photo copies of their credit cards and passport. If someone steals your wallet or purse, your traveling companion still has copies of all your information.

8. When you’re reading email, don’t click on any of the links listed in the email message. No matter how tempting the offer is! This is a way ‘phishers’ use to direct you to their website and capture your credit card and personal information.

9. We are told to cancel our credit cards immediately. But the key is having the toll free numbers and your card numbers handy so you know whom to call. Keep these numbers where you can find them separate from your credit cards.

10. File a police report immediately in the city where your credit cards, purse or wallet were stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation.

Brought to you by www.Prepaid-Legal-Help-4U.com

Author Bio
I developed www.prepaid-legal-help-4u.com to help the ‘little guy’ have access to legal services previously reserved for the wealthy!

Identity theft commonly begins with the loss or theft of a wallet or purse. But there are many or high-tech and low-tech ways criminals can get their hands on your personal and financial information in order to commit identity theft.

When someone uses your name or personal information, such as your credit card number, driver’s license number, Social Security number, telephone number, or other account numbers, without your permission, you become a victim of identity theft.

Thieves steal your personal information and use it to open credit accounts, bank accounts, telephone service accounts, and make major purchases in your name. These criminals use your sensitive information to take over existing accounts, or open new accounts. Their criminal activities can result in damage to your credit rating and denials to credit and job offers.

Protecting Your Identity While there are no guarantees that your identity will never be stolen or compromised, there are several steps you can take to minimize the risks. Here are a few of them:

Low-Tech Rip-offs:
Thieves can do much damage with what they remove from your mailbox.

Criminals are increasingly creative in the methods they use to get their hands or eyes on your personal information, and ultimately, your money. Here are some of the low-tech techniques they employ:

High-Tech Techniques:
Data transferred across the Internet can be intercepted during its journey.

Fight Back: Reduce the Risks

Make education about the scams, schemes, and frauds criminal use to steal your identity your priority in view of the rising occurrence of this multi-million-dollar-problem. With education comes prevention. Here are some prevention tips to help reduce the risks:

For extensive information about ways to protect your identity, visit “Protecting Your Identity” at www.ProtectingYourIdentity.blogspot.com.

Author Bio
Known as The Master Blog Builder, Etienne A. Gibbs, MSW, helps small business owners and non-profit organizations improve their customer relationship marketing. Often he comes across cases that are red flags calling identity thieves to come in. Hence, he started the “Protecting Your Identity” blog. Contact him at www.MasterBlogBuilder.com for more information.

If you’ve opened up the newspaper lately, turned on the radio, or spoke with a colleague, chances are you will have heard of the new rampant levels of identify theft that is taking place and growing to new heights each year. You or someone you know may have already been a victim of this serious crime.

Why should you worry about identify theft? For one thing, a seriously damaged credit report can ruin your chances of getting a new job, a bank loan, insurance, and even rental housing. In the worst case scenario you could even be arrested if someone utilized your identity to commit a crime.

Here are some tips to help reduce the chances of having your identity compromised:

1. When making a credit card purchase, blank out the 12 numbers of your credit card number on the printed receipt (assuming that all 16 are printed as some places still do). This holds especially true at restaurants. Try not leaving the signed receipt left on the table with all numbers visible. You are permitted by law to mark out 12 of them so that passerby’s can’t get a glance and memorize your credit card number.

2. Avoid relaying your social security number to anyone unless it’s absolutely required. Use common sense in most cases, for example to open a bank account you will probably need to give out your social security number, but if a store clerk simply wants to use your social security number to use as an ID, then you should reserve from doing so in most cases.

3. Have access to a personal shredder. For any documents you plan on throwing away it helps to shred anything that contains personally identifiable information including social security, credit card numbers, phone numbers, and birth date.

4. In the worst case scenario, i.e. if your identify has been stolen, here are some steps to assuage the situation: Contact your credit card companies and have them close your accounts as well as issue new cards for you. Put a fraud alert via one the three major credit bureaus. One will notify the other two automatically. File a police report to use as evidence when creditors ask for it. File a notice or complaint with the Federal Trade Commission, which manages a database of identity theft related cases which are used by law enforcement personnel for their investigations.

Try to use your intuition in most cases. The most reported incidents of identity theft generally are not necessarily the most technologically sophisticated.

Author Bio
Discover beneficial tips on wireless security cameras, hidden security camera products (www.buysecuritycamera.com/hidden-security-camera.htm), and other specialty surveillance items. You will sleep much easier at night.

An identity thief doesn’t just steal your credit card and personal information to start buying crazily in your name. He gets new cards, opens new loans, and leaves a long trail of unpaid bills in your name. He even uses your identity to commit acts of terrorism or other crimes. What are you to do?

Identity theft occurs more frequently than you would like to believe – and is committed frequently by someone you know. This is what happened to Linda Foley, a magazine writer, who learned that her own employer had swiped her identity to open cell phone and credit card accounts. Now Foley, along with her husband, fight back as the Co-Executive Directors of the Identity Theft Resource Center (ITRC) in San Diego, California.

Can This Happen to You?

After Bridget J. Thomas learned that her identity was stolen by a bank employee at a branch 300 miles from the one she used, she was shocked. And that was just the beginning of her nightmare! When the thief was caught, she was working at a different bank in a different state. After her arrest, collection agencies continued to hound Ms Thomas.

Setting the Record Straight Might Not Be All That Easy – or Quick!

Setting the record straight is the tip of a nightmarish iceberg that can take months – even years to accomplish – often with undue pain and suffering for the victim. In serious cases victims spend an average of 600 hours and $1,400 in out-of-pocket expenses to repair their credit. Until they can prove their innocence, they are more likely to be:

A Call From A Collection Agency Or A turndown For A Loan Is Often the Only Tip-off That Your Identity Was Stolen.

A thief needs only one thing to open the doors to his windfall – your Social Security number. Unfortunately it is routinely used by government agencies, health care providers, utility companies, merchants, employers, and financial institutions. Often, your Social Security number is publicly available. That’s how General John M. Shalikashvili, the former Chairman of the Joint Chiefs of Staff, became a victim. His Social Security number and those of many other military officers were published in the “Congressional Record” and were later posted on the internet. Thieves used their identities to open 273 new credit cards accounts and run up a bill of over $200,000.00 in charges.

Develop a Form of Defense

To stop identity thieves in their steps, there are several things you can do. You can begin by freezing access to your credit file. By doing so, you cause your file to become off-limits to anyone who does not know the secret PIN (Personal Information Number) of your choosing. This sets the wheels in motion to protect you from the bad guys – anyone who attempts to apply for credit in your name. It causes their application to be rejected; although your credit cards won’t be affected. And if you want to apply for new credit or let a bank, store, or agency run a background check on you, you can get a credit thaw. For example, if you decided to shop for a big-ticket item, like a car, you might thaw your history for auto dealers.

Other Things You Can Do – Starting NOW!

In the Event You Do Become A Victim

Here are some steps to take:

Conclusion:

Face it, identity theft is a growing problem affecting everyone in some way or another. With the increase popularity of internet usage, it has become easier for cybercriminals to steal our identity. In 2002 alone, the victim total due to identity theft climbed to 10 million, a new high. The cost to the economy was up an astonishing 41 percent to $52.6 billion, according to The Identity Theft Survey Report, available from the Federal Trade Commission at the website (www.consumer.gov/idtheft/). Each year these totals are climbing with no apparent sign of slowing down.

What are your chances of becoming a victim of some form of identity theft? According to the Federal Trade Commission is one in ten.

“So what am I to do?” you ask. My recommendation is that first you educate yourself with information and resources at your disposal. Next, purchase identity theft insurance. Find more information at www.ProtectingYourIdentity.blogspot.com.

Author Bio
Known as The Master Blog Builder, Etienne A. Gibbs, MSW, helps small business owners and non-profit organizations improve their customer relationship marketing. Often he comes across cases that are red flags calling identity thieves to come in. Hence, he started “Protecting Your Identity” blog. Contact him at www.MasterBlogBuilder.com for more information.

The Fair and Accurate Credit Transaction Act, known commonly as FACTA, was put into law in the United States to help to protect consumers from identity theft and to help in its prevention. FACTA ensures that all citizens are treated fairly when they apply for a mortgage or other form of credit and it entitles them to a free annual credit report to verify its accuracy.

Becoming a major epidemic, Identity Theft occurs when a criminal uses another person’s personal information to take on that person’s identity. Identity theft includes the misuse of a Social Security number, credit cards, mail fraud, scam, schemes, frauds, or any other form of misuse or abuse of a victim’s identity.

There is no guarantee that you will never be a victim; however, there are steps you can take to minimize your risk. Here is a list of 14 steps you can take to prevent or at least minimize its occurrence:

1. Manage your personal information cautiously and with a new awareness that identity theft can occur anytime anywhere and when you least expect it.

2. Ask about security procedures in your workplace, doctor’s office, or other business or organization that routinely collects relevant and personal identifying information as part of doing business or providing a service. Find out who has access to your personal information and verify that it is handled securely. Inquire about their disposal procedures and if your information will be shared with anyone else (namely third parties such as mailing list companies, marketing and survey companies, etc.).

3. Instead of giving your Social Security Number, inquire if you can use other types of identification. Use your Social Security Number with caution and only when absolutely necessary.

“Your Chances of becoming victimized by some form of identity theft is one in ten,” according to the Federal Trade Commission.

4. If you find that you have been victimized, immediately file a complaint with the Federal Trade Commission. The FTC maintains a database of identity theft cases used by law enforcement agencies for investigations. Filing a complaint helps the FTC learn more about identity theft and the problems victims are having. This knowledge helps them to assist you better.

5. Carry only the identification and the number of credit and debit cards that you will actually use. Leave extra cards in a safe place at home, in a safety deposit box, or any other secured location.

6. Avoid giving out personal information on the phone, through the mail, or on the internet unless you are absolutely sure you know and can trust with whom you are communicating. Caution: Before you share personal information, be sure you are dealing with a legitimate business or organization. (If you are unsure about an online communication, check the organization’s website by typing its URL in the address line. Most large companies post alerts on their sites when they are aware of a scam when their name is used improperly.)

Identity thieves usually pose as representatives of banks, lotteries, sweepstakes, internet service providers, or some other officially-sounding-entity. They will use any means possible to try to get you to reveal your valuable information.

7. Call the Customer Service Department of companies or organizations with whom you do business using the number listed on your account statement or in the telephone book.

8. Do not place passwords on your credit card, bank, or telephone accounts.

9. When choosing a password, avoid using obvious information like your mother’s maiden name, your birth date, a series of consecutive numbers, or the last four digits of your Social Security Number or your phone number.

10. Pay attention to your billing cycles. A missing bill could mean an identity thief has gotten their hands on it.

“9.9 million people were victims of identity theft in 2002″, according to the Federal Trade Commission. Don’t wait until it happens to you.

11. Be wary of promotional scams or phony offers to get you to give them your personal information such as lottery and sweepstakes’ that you have never entered and ones asking for an “administration” fee.

12. If your job requires you to suit up in special clothing at work, never leave your purse or wallet in your personal clothes. Always keep them in a safe and secured place.

13. When reordering checks, pick them up at the bank instead of having them sent to your mailbox.

14. Obtain a current credit report by contacting any of these major credit bureaus:

Equifax: P.O. Box 740241 Atlanta, GA 30374-0241
For Fraud Alerts, call: 800-525-6285

Experian: P.O. Box 2002 Allen TX 75013
For Fraud Alerts, call: 888-EXPERIAN (397-3742)

Trans Union: P.O. Box 1000, Chester, PA 19022
For Fraud Alerts, call: 800-680-7289

Think you’re not at risk? Unfortunately, you are. View “Protecting Your Identity” blog at www.ProtectingYourIdentity.blogspot.com to learn more about what you can do to protect yours.

Author Bio
Known as The Master Blog Builder, Etienne A. Gibbs, MSW, is in the business of helping small business owners and non-profit organizations improve their customer relationship marketing. Often he comes across cases that are red flags calling identity thieves to come in. Hence, he started the “Protecting Your Identity” blog. Contact him at: www.MasterBlogBuilder.com

“I got bad credit, I’m not worried”
“It happened to a friend of a friend”
“I’ve got other priorities now”
“All it takes is guarding your Social Security number”
“I can trust the people around me”

These quotes are all too common regarding identity theft. The problem is the Federal Trade Commission, various law enforcement agencies and identity theft experts have stated there are no 100% guarantees and the numbers for identity theft keep getting worse

“I got bad credit so I’m not worried”

Just recently KFLY TV in Lafayette Louisiana reported that 2 men were arrested for stealing the identity of 2500 people. Identity thieves don’t run credit checks before they steal your identity.All they need to do damage is a little bit of your personal information.

“It happened to a friend of a friend”

This one should really alert people. The reason ? Everybody now knows somebody who’s been victimized. That alone tells you what an epidemic identity theft has become. Last year 10 million people had their identities stolen. Many experts think that number will double this year. They also fear the 10 million figure is too low. Why? Many victims don’t report the crime.

“I’ve got other priorities now”

Once your identity is stolen there is only one priority: Getting it back. On average it can take 175 hours and out of pocket expenses totaling 15,000 dollars according to the FTC.

“All it takes is guarding your Social Security number”

In February of this year Bank of America announced that 1.2 million federal employee credit card accounts may have been exposed to identity theft. In June Visa and MasterCard announced that 40 million cardholders maybe at risk when the database of their third party processor was broken into. Many of these people no doubt guarded their Social Security number faithfully but thru no fault of their own they’re at risk.

“I can trust the people around me”

This one hits home and may hurts the worst. 50% of all identity thieves are known by the victim. Family members, friends and neighbors do more damage than total strangers.

There are other reasons people give. Yes it may never happen to you but identity theft is now a full blown epidemic that affects everyone.

Author Bio
Daryl Campbell is a writer and home business owner. What it took you years to build, Identity thieves can take and destroy within hours. Get the professionals on your side to watch your back 24/7.

We’ve all heard horror stories about fraud that’s committed by someone stealing a name, address, Social Security number or credit card. Here are 10 suggestions you can take to help protect yourself.

1. The next time you order checks, have only your initials (instead of your first name) and last name put on them. If someone takes your checkbook, they won’t know if you sign your checks with just your initials or your first name, but your bank will know how you sign your checks.

2. When you are writing checks to pay your credit card accounts, DO NOT put the complete account number on the “For” line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels won’t have access to it.

3. Put your work phone number on your checks instead of your home phone. If you have a PO Box, use that instead of your home address. If you don’t have a PO Box, use your work address.

4. Never have your Social Security number or driver’s license number printed on your checks. You can add it if it is necessary. But if you have it printed, anyone can get it.

5. Place the contents of your wallet on a photocopy machine. Do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. Keep the photocopy in a safe place. It’s also a good idea to carry a photocopy of your passport when traveling abroad.

6. For couples or friends traveling together – each of you should carry a different, unique credit card. For example, one of you could carry a Visa card and one of you a Discover card. Don’t both carry the same credit card! That way if one of you has their credit card stolen, you still have a valid credit card to use and aren’t completely without funds while you are traveling.

7. Another tip for couples or friends traveling together – each of you should carry the other person’s photo copies of their credit cards and passport. If someone steals your wallet or purse, your traveling companion still has copies of all your information.

8. When you’re reading email, don’t click on any of the links listed in the email message. No matter how tempting the offer is! This is a way ‘phishers’ use to direct you to their website and capture your credit card and personal information.

9. We are told to cancel our credit cards immediately. But the key is having the toll free numbers and your card numbers handy so you know whom to call. Keep these numbers where you can find them separate from your credit cards.

10. File a police report immediately in the city where your credit cards, purse or wallet were stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation.

Brought to you by www.Prepaid-Legal-Help-4U.com

Author Bio
I developed www.prepaid-legal-help-4u.com to help the ‘little guy’ have access to legal services previously reserved for the wealthy!