Dear all,
I'd be interested in any comments (or authorities) you may have on the
following hypothetical.
Suppose that A has a confidentiality agreement with B. Suppose that A
is later sued by C, a third party and proposes to rely on information
which is confidential to B in open Court to defend the proceedings.
Suppose that A's confidentiality agreement with B does not contain an
exception permitting A to make disclosure in such circumstances?
Are there any circumstances in which A would have a defence to a claim
for breach of contract by B?
Does your answer differ, if B and C are related in some way, while not
being identical - for example because B has an interest in C (while
not being the owner of a 'one man company').
Thoughts (and self promotion re: publications) welcome.
Kind regards
Ger