Facilitator Guide

Confidentiality Agreements in M&A (UK)

Facilitator Guide

Confidentiality Agreements in M&A (UK)

Topic: M&A Basics (UK)

What’s covered

The purpose of confidentiality agreements
Negotiations
Definitions and exclusions
Obligations and permitted disclosures
Non-Solicitation, remedies, and enforcement
Return of information and duration of obligations

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/discussions/confidentiality-agreements-in-m-a-uk/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Confidentiality Agreements in M&A (UK)

An examination of confidentiality agreements and their use in private M&A deals. The course includes a detailed walkthrough of a sample NDA, explaining each provision’s importance and how it impacts the respective parties.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

What’s the main purpose of a confidentiality agreement in an M&A deal?
What’s the difference between a one-way confidentiality agreement and a mutual agreement?
What types of information are typically protected?
Why do confidentiality agreements restrict how disclosed information can be used?
How does a confidentiality agreement differ when the parties are competitors?
What typically happens to confidential information when discussions end?
What issues arise in confidentiality agreements regarding AI?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarise their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s M&A Basics (UK) topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.