The Risk of Expiring NDAs to Trade Secret Status Under the DTSA

At a recent trade secret conference, several speakers highlighted a problem with a common industry practice related to non-disclosure agreements (NDAs). In particular, NDAs are often drafted such that they (and the confidentiality obligations therein) expire after a set term, but there is a very real risk that doing so may inadvertently destroy trade secret status of information disclosed pursuant to the NDA.

7 minute read May 01, 2026 at 12:11 AM
By
Zachary L. Garrett , John D. Murnane and Stephen Krachie
The Risk of Expiring NDAs to Trade Secret Status Under the DTSA

At a recent trade secret conference, several speakers highlighted a problem with a common industry practice related to non-disclosure agreements (NDAs).

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