Owners and managers of companies are legitimately concerned that the type of information disclosure necessary to consummate a transaction may put a company at a serious competitive disadvantage if that information ends up in the wrong hands. Protection of a company that is pursuing a transaction (“the company”) essentially stems from four sources: (a) a confidentiality or non-disclosure agreement; (b) a deliberate strategy to delay transmission of sensitive information to bidders; (c) dealing only with reputable investors who would place their own reputation at risk in the event of a breach of confidentiality; and (d) not dealing with direct competitors, or even indirect competitors.

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~ BBN

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