What do you all do if you learn of a minor breach of confidentiality obligations in a contract? For example say one of your vendors that handles financials and bill pay accidentally sends copies of your invoices to another vendor.

I’ve had this come up a couple times and have never had a good answer as far as remedies. The contracts never have liquidated damages so it feels like the options are terminate contract or sue for equitable relief?

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If it’s minor, you’re already limited in what you’ll realistically accomplish. In the situation you mentioned, if one vendor sends your docs to another of your vendors, you presumably have confi obligations with both — ask the second vendor to delete the records and keep knowledge of their contents confidential per your own confi agreement. This kind of stuff is sloppy but rarely handled via litigation. You’ll probably get more traction by just asking for reasonably cleanup. If you actually suffered material issues (eg leaked acquisition details), that’s different, but your post is about minor breaches so I assume N/A here.

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Send them to time out

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send them a cease desist letter and serve them with process

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Use a different vendor?

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