Can I get an injunction for NDA breach?

Yes. Injunctions are commonly granted for ongoing NDA breach where damages would be inadequate (e.g. continued disclosure of trade secrets). Courts apply the American Cyanamid test (serious issue, balance of convenience, adequacy of damages).

How are NDA breach damages measured?

English courts often award a 'Wrotham Park' or negotiating damages measure (what a reasonable person would have paid for the right to disclose), rather than trying to prove specific lost profit where causation is hard to establish.

NDA Breach Free Online Calculator and Tools

How It Works

Estimate recoverable damages for breach of a non-disclosure agreement: loss of competitive advantage, hypothetical licence fee, account of profits from the breaching party, and injunctive relief costs

Each component has a specific meaning:

Breaching party — The breaching party recorded for the scenario being assessed.
Injunctive relief costs — The injunctive relief costs recorded for the scenario being assessed.

Note: Interpret the nda breach damages result against the thresholds and context described above.

How to Use

Enter the breaching party, injunctive relief costs for the scenario you are assessing. Estimate recoverable damages for breach of a non-disclosure agreement: loss of competitive advantage, hypothetical licence fee, account of profits from the breaching party, and injunctive relief costs. Use the nda breach damages result to inform your calculation.

NDA Breach Damages Estimate Calculator

Statute of Limitations

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