Facing an NDA Dispute?
Consult with an attorney who can help protect your interests.
When to Start Collecting Evidence
Before Any Dispute
Proactive Documentation
The best time to gather evidence is before you need it. Maintain organized records of all confidential information you receive, your prior knowledge, and your independent work.
At First Sign of Trouble
Immediate Preservation
If the client expresses concern, sends a cease and desist, or you suspect a problem, immediately preserve all communications and documents. Issue a litigation hold to prevent automatic deletion.
When Accused
Defensive Documentation
Gather evidence that supports your defenses: prior knowledge, independent development, public information, or authorized disclosure. Time-stamped records are critical.
Ongoing
Continuous Updates
Continue documenting all communications related to the dispute. Keep a detailed log of events, meetings, and any new evidence that surfaces.
The NDA Itself & Related Agreements
Start with the foundational documents that define your obligations.
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Critical
Executed NDA with signatures and dates
The original signed agreement, including any exhibits or schedules. Verify you have the final executed version, not a draft.
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Critical
All amendments and modifications
Any written changes to the NDA, email agreements to modify terms, or subsequent agreements that reference the NDA.
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High
Related contractor agreement or SOW
The underlying service agreement may contain additional confidentiality provisions or define the scope of work.
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Medium
Pre-signature negotiation emails
Communications showing what was discussed, any agreed modifications, or representations about how the NDA would be applied.
Communications & Correspondence
All written communications may become evidence. Preserve them systematically.
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Critical
Email threads with the client
Export complete email chains, including attachments. Use native format (EML/MSG) to preserve metadata.
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Critical
Slack, Teams, or other messaging
Export chat logs from collaboration tools. Many have built-in export features. Screenshot if necessary.
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High
Meeting notes and recordings
Notes from calls, Zoom recordings (if permitted), and calendar invites showing meeting purposes.
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High
Text messages related to the project
If you communicated via text, screenshot or export these conversations with timestamps.
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Medium
Communications with third parties
Any discussions about the project with others - these may show what information you disclosed and to whom.
Prior Knowledge & Independent Development
Evidence that you possessed knowledge or skills before the engagement is a key defense.
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Critical
Work samples predating the engagement
Code, designs, documents, or other work products created before you signed the NDA.
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Critical
Git commits or version history
Repository logs showing when code was written. Commit timestamps can prove independent development.
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High
Prior client references
Evidence of similar work for other clients before this engagement began.
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Medium
Educational credentials and training
Certificates, course completions, or training records showing you learned techniques independently.
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Medium
Published articles, blog posts, or presentations
Public content you created showing expertise in the relevant area before the engagement.
Confidential Information Received
Document exactly what confidential information you received and how it was marked.
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Critical
List of documents marked "Confidential"
Create an inventory of all materials explicitly marked as confidential with dates received.
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High
Access logs and permissions
Screenshots or exports showing what systems, files, or folders you had access to.
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High
Training or onboarding materials
Any confidentiality training or documentation of what you were told was confidential.
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High
Evidence information was already public
Screenshots, archive.org links, or other proof that allegedly confidential information was publicly available.
Authorized Disclosures & Approvals
If you disclosed information, document that it was authorized.
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Critical
Written authorization to share
Emails or messages where the client approved disclosure to specific parties.
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High
Portfolio or reference permissions
Evidence that you were allowed to use work samples or reference the engagement.
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High
NDAs with your subcontractors
If you shared with subcontractors, evidence they signed appropriate NDAs.
Evidence Preservation Best Practices
Use Multiple Backups
Store copies in at least two locations: cloud storage and local backup. Evidence that exists in only one place can be lost.
Preserve Metadata
Timestamps, sender info, and file properties are crucial. Export in native formats rather than screenshots when possible.
Maintain Chain of Custody
Document when and how evidence was collected. This prevents accusations of tampering or fabrication.
Never Delete
Once a dispute is possible, deleting anything - even personal notes - can be considered spoliation with serious legal consequences.
Consult an Attorney
Before collecting evidence from company systems you no longer have access to, get legal advice to avoid unauthorized access claims.
Create a Timeline
Build a chronological narrative of events. Courts love clear timelines, and they help you identify gaps in your evidence.